TeamOrigin support Alinghi

British AC team file Amicus Curiae brief at the NY Court of Appeal backing the Societe Nautique de Geneve

Thursday January 8th 2009, Author: Leslie Ryan, Location: United Kingdom
Today the Royal Thames Yacht Club, London, UK together with TeamOrigin filed a request with the New York Court of Appeals to accept an Amicus Brief as a ‘friend of the Court’ in support of the Société Nautique de Genève. The purpose of this Amicus Brief is to request the Court to confirm the order of the Appellate Division, thus allowing the 33rd America’s Cup to move forward as proposed in the latest Protocol document as issued by Alinghi, Club Nautico Español de Vela (CNEV) and the 19 Challenging Teams on the 22nd December 2008.

Sir Keith Mills, Team Principal of TeamOrigin commented: “Together with the Royal Thames Yacht Club, we have decided to issue this Amicus Brief today to make a very specific point that I feel has not yet been highlighted : notwithstanding the legal status and opinions about CNEV and the original Protocol document as issued back in 2007, the more significant point to note is that throughout the Royal Thames’ and TeamOrigin’s involvement in the 33rd America’s Cup, CNEV in its capacity as the Challengers accepted ‘Challenger of Record’ has collaborated and engaged with us and the other 19 Challenging Teams in the development of a new, fair and improved Protocol."

He continued: “We have invested considerable time and effort, expertise and expense along with Alinghi as Defender, CNEV and the other Challengers in the development of the latest Protocol and I firmly believe this will lead to the most inclusive and successful America’s Cup we’ve ever seen. No one wishes to see all this good work undone at this advanced stage, nor the significant costs and time spent thus far wasted."

Peter Haslehurst, Vice Commodore of the Royal Thames Yacht Club, added: “The Royal Thames Yacht Club is the oldest Royal Yacht Club in Britain. We were the Challenging Yacht Club for the first America’s Cup in 1870 and formed an alliance with TeamOrigin in July 2007 with a view to entering a fair and thrilling 33rd America’s Cup event. We have been extensively involved in the debates and discussions concerning the development of the Protocol for the 33rd America’s Cup and we see this as an ongoing collaborative process that will continue into 2009. We are satisfied that many of the previously identified issues raised about the original Protocol have now been overcome and look forward to the ongoing development during the coming year. With this Amicus Brief, we urge the Court to confirm the order of the Appellate Division and let the 19 teams move forward and compete in the 33rd America’s Cup event."

Both sides in the court dispute have been filing such Amicus briefs. For example in support of the BMW Oracle Racing/Golden Gate Yacht Club side, briefs have been filed recently by the New York YC,San Diego Yacht Club and by Bill Koch.

Oral arguments for the case at the New York Court of Appeals are set for 10 February and the court is expected to rule by the end of March.

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