February 2010

Court uphold their decision over the 33rd America's Cup, but at present the venue remains a debate

Justice Shirley Werner Kornreich in the Supreme Court of the State of New York today upheld an earlier decision of the NY Court of Appeals to stage the America's Cup in February 2010.

However there remains added complication as to the venue. You will remember that Alinghi's reasoning for a May America's Cup was that the Deed of Gift specifies that an America's Cup cannot be held in the northern before this month, while BMW Oracle Racing/GGYC maintain that the order from the Court of Appeal takes precedence.

As we write this, with the written decision yet to be published by the Supreme Court, there seems to be some discrepancy over what was said about the venue. BMW Oracle Racing, as well a representative of Emirates Team New Zealand who was in court, believe that the judge stated that the 33rd America's Cup will be held in Febuary either in Valencia or as per the Deed of Gift (ie in the southern hemisphere). There is the added provsion in the latter instance that Alinghi/SNG can announce the venue six months before the actual date of the first race. HOWEVER Alinghi maintain that the judge stated that racing in February could be anywhere of their choosing in the northern hemisphere - a key bone of debate.

We have spoken to BMW Oracle Racing's Tom Ehman who was in court and he is categoric about the Valencia or Southern hemisphere scenario.

The session in the Supreme Court ended with Justice Kornreich inviting the two parties 'to the bench' and advising that there should be a mediator. The judge produced a list of mediators and among them was Justice Herman Cahn, who originally ruled on the case during its first session in the Supreme Court last year. Ehman says BMW Oracle Racing would be happy to have Justice Cahn as their mediator.

As to Alinghi's recent allegations of their spying, Ehman states: "We categorical deny that any of our teams members have broken any laws. It was a frivolous trumped up charge by them. He has not even been charged with anything." From BMW Oracle Racing's side we understand this may not be the last we have heard of this sorry incident.

The two sides have issued the following statements:

From BMW Oracle Racing/GGYC

"Today's hearing should end any further delay to the 33rd America's Cup and we can now look forward to some exciting racing in state-of-the-art boats early next year," Tom Ehman, GGYC spokesman, said following the hearing.

On 7 April the New York State Court of Appeals unanimously ruled that GGYC is the rightful Challenger of Record and that the next match would be in ten months - early February 2010.

However, in a 23 April letter to GGYC, Société Nautique de Genève (SNG) sought to unilaterally dictate that the match date be delayed to May 2010 in defiance of the Court, which triggered a motion to hold SNG in contempt of court.

From Alinghi:

“Société Nautique de Genève and Alinghi welcome Justice Shirley Kornreich's decision and confirm that it will be adhered to. The Defender of the 33rd America's Cup also welcomes the clarity that it brings. We now know that the America's Cup Match can take place in the Northern Hemisphere regardless of the date, which Justice Kornreich said can be agreed through mediation. In the event of no agreement being reached, Alinghi, representing the SNG, will race BMW Oracle, representing the Golden Gate Yacht Club, in February 2010. In another important decision, Justice Kornreich ordered the GGYC to stick to the specifications of their Notice of Challenge and instructed the Challenger of Record to provide the Custom-House Registry as soon as possible.”