Thursday, November 19, 2009

Justice Kornreich issues order

Related PDF Documents- Justice Kornreich Order, dated 19 November 2009

Justice Kornreich issued today her order on the remaining 5 issues (Load water-line measurement, safety of holding race in Valencia in February, date of issue of NoR and other rules, date of appointment of Panel of jurors, and whether the agreement between ISAF and Alinghi provides for an independent and objective Panel of jurors).

After a first browse through her order, the issue of the venue becomes quite clear. According to Justice Kornreich, "both parties agreed that with the proper application of the RRS, races held in Valencia can be safely managed". In addition, the expert panel concurred with that assessment. She then states that Alinghi issued a NoR on November 10th, identifying as the venue of the 33rd America's Cup match Valencia. As a result, according to Justice Kornreich, "this issue is now moot".

So, it's going to be Valencia... unless of course, the Appellate Division overturns her ruling.

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At 7:34 PM, Anonymous Anonymous said...

SNG once again got caught cheating & this time it's was a panel of international sailing experts as per the courts orders.

I would ask SNG fans how they can continue to blinding support a team that for over 2 years has tried to win the race off the water?

Remember that sportsmanship starts off the water before you even hit the water. SNG doesn't get it.

At 7:38 PM, Anonymous JamieF said...

Looks like we are going to have a pretty fair race in Valencia in February 2010 (assuming Alingh will get their boat out of RAK). To have the opposing teams nominate a panel of experts was an exceptionally brilliant move of Justice Kornreich.

At 7:56 PM, Anonymous Anonymous said...


Motion 11
Filed: 09/03/2009 by GGYC
Relief sought:
11.I.i USA must not exceed stated dimensions but does not need to match them
Disposition: 10/30/2009 Granted
11.I.ii Rudders are not part of LWL
Disposition: 10/30/2009 Granted - (Appeal by SNG pending)
11.I.iii LWL to be measured with maximum racing weight.
Disposition: 11/17/2009 Granted
11.II.i Sailing Jury empowered to review SNG rules under RRS62 and RRS2
Disposition: 11/17/2009 Granted - SNG & ISAF represent this is the case
11.II.ii SNG not to participate in selection of jury.
Disposition: 11/17/2009 ISAF Affirmed in amicus brief
11.II.iii SNG must state in writing that all jurors must be impartial.
Disposition: 11/17/2009 ISAF Affirmed in amicus brief
11.II.iv SNG must declare that they will conduct the races in best interests of all competitors
Disposition: 11/17/2009 - Court orders parties to agree on a jury process by Dec 4 or it goes back to the expert panel to recommend a solution
11.III Rules of the races must be 2009 ISAF + 2009 Swiss Prescriptions, less rules 49-54.
Disposition: 11/17/2009 - Denied; rules can be changed as long as (i) they do not disadvantage the challenger and (ii) the court retains its role as final determinant of whether a rule is in conflict with the deed.
11.IV ISAF agreement must be made public.
Dispositin: 11/17/2009 Moot - was released by ISAF and SNG

At 8:01 PM, Anonymous Anonymous said...

Let's get on with it now !

At 8:20 PM, Anonymous Anonymous said...

It looks like the courts are now up to speed on all the BS SNG has been slinging and that ISAF has come to their senses. Another solid win for fair rules.

At 3:54 PM, Anonymous Anonymous said...

come on, where is the big problem. Alinghi has only a little problem now. If they want to use water ballast, and i am sure they will, than their waterline will be longer than 90 foot. hmmmmmmmmmmmmmm - would anybody think now. But not alinghi, they will step a small optimist mast and suddenly it is allowed to have a longer waterline......its now a 2-mast boat

any questions?

At 10:29 AM, Anonymous Anonymous said...

to 3:54 PM anon
well, since it now has become really difficult to DSQ BMWOracle on measurement issues beforehand, Alinghi may have the problem of having to actually sail against BMWOracle...


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