SNG files brief in defense of its appeal; hires new lawyers
A day after GGYC it was the turn of the Defender to file its brief in defense of its current appeal on whether Ras Al-Khaimah is a legitimate venue for an America's Cup match in February as well as the more technical issues of Length on Waterline and whether rudders should be included in the measurement of the competing vessels.
Before going into the details of Alinghi's brief, it is interesting to notice that they have hired a new law firm in order to represent them in the Appellate Division. In addition to Simpson, Thacher & Bartlett, the Swiss will be represented by Sullivan & Cromwell and in fact, the case will be argued by the new firm's partner Robert J. Giuffra, Jr.
Valencia, choice of last resort
Just 4 days ago, on November 10th, Alinghi issued a Notice of Race for Valencia and a number of media around the world, including ourselves, jumped into the conclusion it was a done deal and that the Spanish city would be hosting its second America's Cup in a row. Yet, from Friday's brief, it is evident now that Alinghi proceeded into the issue of the NoR for Valencia only because they felt they were left with no alternative legal option. If this court overturns the previous order, Alinghi will go on with its initial schedule to hold the America's Cup next February in Ras Al-Khaimah.
As it is clearly stated on pages 3 and 4 of the brief, "As of November 10, in order to comply with the April 7 Order’s direction that the Cup be contested in February 2010, SNG had no choice but to issue a notice of race for Valencia, Spain, the only permissible Northern Hemisphere venue under Justice Kornreich’s erroneous October 30 Order. GGYC cites SNG’s November 10 issuance of a Notice of Race for a race in Valencia, but disregards that SNG did so only after this Court denied SNG’s motion for a stay pending appeal on November 4. That ruling left SNG with no choice, unless and until the Order is reversed, but to proceed with a race in Valencia. If this Court, as it should, vindicates SNG’s legal right under the April 7 Order, and reverses the October 30 Order, then SNG will contest the Cup in RAK – a more temperate venue for a sailing race in February than Valencia."
Labels: 33rd America's Cup