Société Nautique de Genève to appeal decision on Ras Al Khaimah for 33rd America’s Cup
Update 10pm Valencia time: Alinghi's lawyers will present the appeal on Wednesday and will only concern Justice Kornreich's decision on the venue of the match. According to a spokesperson of the Defender of the 33rd America's Cup, SNG's lawyers will argue that Justice Kornreich selectively applies the Deed of Gift in her decision. If the Deed of Gift prohibits a match in Ras Al-Khaimah in February, due to its location in the northern hemisphere, why should a match take place in Valencia, also in the northern hemisphere? According to the Swiss team Ras Al-Khaimah is a "legitimate and suitable" venue for a match in February.
As stated in their press release, Alinghi has applied for an expedited appeal, which could result in a decision being issued within 30 to 45 days. As a result, according to Alinghi, with a decision around mid December, the schedule would still be on track for a race on the 8th of February next year.
[Source: Alinghi] The Defender of the 33rd America’s Cup, Société Nautique de Genève (SNG), is to appeal New York Supreme Court Justice Kornreich’s decision of 30 October rejecting Ras Al Khaimah in the United Arab Emirates as the venue for the 33rd America’s Cup. SNG has applied for an expedited appeal to avoid any delay to the February 2010 Deed of Gift Match.
The choice of Ras Al Khaimah was made based on the plain language of Justice Cahn’s (Kornreich’s predecessor) May 2008 Court Order that ruled the location of the 33rd America’s Cup Match to be in ‘Valencia or any other location selected by the SNG’.
The Emirati venue was selected by the Defender for several reasons: the suitability of the weather conditions for a February Deed of Gift Match; the infrastructure offered by the country and the experience the UAE brings in organising world class sporting events.
Note to the editor:
While the Deed of Gift stipulates that racing for the America’s Cup between 1 November and 1 May must take place in the Southern Hemisphere, Justice Cahn’s 12 May 2008 New York Supreme Court Order ‘that the location of the match be in Valencia or any other location selected by the SNG’ led the America’s Cup defending yacht club, Société Nautique de Genève, to select Ras Al Khaimah in the United Arab Emirates.