All I want for X-mas is…
All I want for X-mas is for the GGYC and SNG to mutually agree or disagree to race as decreed, by the Deed. Tis a season of jocosity.
Posturing aside, it is very clear that the legal challenge brought forth by the Golden Gate Yacht Club is binding and without any hint of mutual consent, Judge Herman Cahn will order the Society Nautique de Geneva to defend the America’s Cup on July 4th, 2008 or forfeit.
The GGYC meets all the criteria defined to fulfill its obligation as the Challenger of Record, according to the Deed of Gift. All the juxtaposing, by both sides, about dates in October or in May the following year is for naught. We care not, and neither does the Deed, about conflicting Formula One dates or cutting Alinghi a pass, by giving them the extra time to prepare and build a yacht to defend.
When the GGYC issued its challenge on July 11th and New York Supreme Court Judge Cahn affirmed the legality of it in his decision on November 27, there is nothing in the Deed that intimates that any other date, other than by mutual consent is possible. Therefore any subsequent discussion is mute.
Judge Cahn is being courteous in letting the sides extend arguments into his chambers on January the 14th. It is time for the honorable Judge to put his foot down and slam the door shut. He was very clear in his verdict; “the CNEV challenge is invalid, and the GGYC is the Challenger of Record pursuant to the Deed.” The races will start in July.
It is not the Supreme Court’s job to set dates, arbitrate positions and engage in the media subterfuge. Its expressed intent is to strictly interpret the provisions set forth by Deed of Gift as amended by George Schuyler in 1887. Which it has done.
SNG and America’s Cup Management Inc. (ACM) have fired their law firm; White & Case after they admirably tried to defend the indefensible. Alinghi President Ernesto Bertarelli apparently has reversed his decision of not appealing by hiring a new law firm that immediately and aggressively wrote a letter to Judge Cahn
After the verdict Bertarelli commented that; “we are disappointed that a technicality made the CNEV invalid and we are now looking forward to discussions with the GYYC to keep the America’s Cup functioning.”
Though technically Alinghi’s actions do not constitute an appeal they are definitely trying to buy themselves time before eventually submitting to the NY Supreme Court’s will.
In its letter, Simpson, Thacher & Bartlett seems to chastise the Court’s conclusions by lecturing the Judge about “dictating the schedule for a race” and “engages in an inappropriate level of court supervision.” The letter continues; “substantial dislocations which the court may not have fully appreciated at the time it issued the opinion”.
Again, much respect for the honorable judge, come January his holiday cheer will be muted and their will be no ambiguity in the tone of his demeanor when he orders the protocol of the Deed to be enforced next year, somewhere.
All this brings me back to all I want for X-mas and reminds me of the way the Royal Perth Yacht Club conducted itself with their defense in Fremantle, Western Australia. With honor.
