Wednesday, November 04, 2009

Statement from Tom Ehman on Alinghi's denied Stay Application

[Source: BMW Oracle] The Appellate Division in New York has rejected the Swiss defender’s request to freeze last week’s Supreme Court decision that Ras Al Khaimah (UAE) did not comply with the Deed of Gift for the 33rd America’s Cup.

Golden Gate Yacht Club said Ras Al Khaimah was wrong all along. The Supreme Court said it was wrong last week. And the Appellate Division said no to a Stay today. The message is clear. But is anyone at Société Nautique de Geneve and Alinghi receiving it?

SNG/Alinghi will try one more time to have Ras Al Khaimah re-installed in a fast-track expedited Appellate Division application due to be heard in the coming weeks.

The race dates for the 33rd America’s Cup remain unchanged, commencing February 8th, 2010.

Justice Kornreich ruled from the Supreme Court bench on Wednesday October 27 that Ras Al Khaimah was not Deed-compliant. There will be a further hearing before her this Friday. The Court will determine if Valencia (Spain) is confirmed as the venue – as both sides had previously agreed to this in Court - or if SNG/Alinghi can still choose a Deed-compliant location in the Southern Hemisphere despite the expired six month notice of the venue that the Defender is required to give the Challenger.

For two years Alinghi has attempted to turn the America’s Cup into the Alinghi Cup. For the ninth time, the Court has said no.

GGYC remains more determined than ever in its efforts to return the America’s Cup to an equitable competition with normal rules and procedures.

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At 12:49 AM, Anonymous Anonymous said...

Come on SNG get the show on the water!!! If you can't send The Cup back to the RNZYS so someone else can be the Trustee to look after the AC. Obviously SNG doesn't know what they are doing off or on the water.

At 3:51 AM, Anonymous Anonymous said...

Go back to Thailand you douch bag

At 5:26 AM, Anonymous Anonymous said...


At 7:33 AM, Anonymous Anonymous said...

That is good news: So at least the date seems to settled and fixed...let's move on an also fix the venue and then go sailing

At 8:33 AM, Anonymous Anonymous said...

In fact it took GGYC two months to say Rak was wrong. They have not said it all along as Ehman says.

There's a very interesting article on the yacht sponsorship web site giving some insights on how Larry sees the future of the AC when (his words) he wins. Quite a few clues there about what's really going on here. Alao interesting perspective on how they will pull it off under the Deed.

At 9:03 AM, Anonymous Anonymous said...

Super light construction & heavy spining makes a broken mast... Imagine being the most dramatic boat in AC history and still losing? That would hurt, but they are super confident, I mean if they believe their own press releases they must think they have already won!! Nearly feel sorry for them. Nearly.

At 10:33 AM, Anonymous Anonymous said...

Hey Tom, let your PR talk for you. Whatever comes out of your mouth only deserves BOR.

At 12:37 PM, Anonymous JamieF said...

to 9:03 AM anon

Alinghi has broken masts before - this can happen if you go close to the edge...
At least BMWOracle now knows where the edge for this specific set up was. I hope they don't do this with their new wingmast though.

At 12:58 PM, Anonymous Anonymous said...

to 10:33 AM anon

I think Mr. Ehman does not need additional PR poeple for assistance since the point he was making is so crystal clear...

At 4:37 PM, Anonymous Anonymous said...

to 8:33 am

GGYC has stated that the venue needed to be Deed compliant even prior to the selection of RAK. The only deed compliant northern hemisphere venue is Valencia (by mutual consent and court order). I am amused that SNG is now disputing the only piece of this fiasco where there was mutual consent.

GGYC stated in several letters to SNG that RAK was a non-compliant venue. It was only after SNG refused to acknowledge this that GGYC filed a motion in the courts.

SNG's recent offer to find an Australian venue just highlights their lack of confidence in this appeal. Barring another train wreck by David Boies, SNG will lose and find themselves racing in Valencia under 3rd party rules if they choose to stay this course. And don't be surprised if Justice Kornreich gives GGYC the opportunity to start lobbing "unsportsmanlike" back at SNG.


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