Thursday, January 31, 2008
From BMW Oracle
GGYC has filed a letter to Judge Cahn that can be viewed on their website at ggyc.com
From Alinghi
The latest move...30-01-2008
Justice Cahn made it clear last week that Monday’s submissions were to be the final filing on the matter of the invalidity of the GGYC certificate, however yesterday the American club launched a flurry of last minute correspondence abandoning their position on the “keel yacht” / multi-hull issue.
Lucien Masmejan, lead counsel for SNG, describes the content of the letter and gives his views on their motivation for writing it.
Can you identify the main points of the latest letter from GGYC to Justice Cahn?
LM: The long letter finally concedes that the GGYC does not intend to race with a “keel yacht” and therefore completely abandons their arguments of Wednesday last week that purported to demonstrate that a multi-hull vessel could be a “keel yacht”. This is a complete change of strategy that has for aim to salvage their defective certificate.
Can you also outline the content of the SNG response?
LM: We have highlighted that since the GGYC has finally confirmed they would not race a “keel yacht” but a multi hull, they should be deemed to have withdrawn their challenge, which is in any case invalid.
Wasn’t the SNG’s submission on the 28 January, supposed to be the final word on this matter?
LM: That was certainly the intention of Justice Cahn. It seems the GGYC is making a last attempt to clarify its ambiguous and contradictory certificate.
It seems that the GGYC are shifting their arguments from a “keel yacht” being a multi-hull to insisting that they have supplied all the details required by the Deed of Gift for a challenge. Why this shift at this late stage?
LM: It seems the GGYC has realised that its certificate is unclear under the Deed of Gift, particularly since it voluntarily added the reference to a ”keel yacht”. The Deed of Gift plainly requires a crystal clear certificate from the challenger, the one they have submitted is far from clear. In completely abandoning its position of last week at the hearing and shifting its opinion, the GGYC has implicitly accepted that our argument is strong and their certificate unclear.
Justice Cahn made it clear last week that Monday’s submissions were to be the final filing on the matter of the invalidity of the GGYC certificate, however yesterday the American club launched a flurry of last minute correspondence abandoning their position on the “keel yacht” / multi-hull issue.
Lucien Masmejan, lead counsel for SNG, describes the content of the letter and gives his views on their motivation for writing it.
Can you identify the main points of the latest letter from GGYC to Justice Cahn?
LM: The long letter finally concedes that the GGYC does not intend to race with a “keel yacht” and therefore completely abandons their arguments of Wednesday last week that purported to demonstrate that a multi-hull vessel could be a “keel yacht”. This is a complete change of strategy that has for aim to salvage their defective certificate.
Can you also outline the content of the SNG response?
LM: We have highlighted that since the GGYC has finally confirmed they would not race a “keel yacht” but a multi hull, they should be deemed to have withdrawn their challenge, which is in any case invalid.
Wasn’t the SNG’s submission on the 28 January, supposed to be the final word on this matter?
LM: That was certainly the intention of Justice Cahn. It seems the GGYC is making a last attempt to clarify its ambiguous and contradictory certificate.
It seems that the GGYC are shifting their arguments from a “keel yacht” being a multi-hull to insisting that they have supplied all the details required by the Deed of Gift for a challenge. Why this shift at this late stage?
LM: It seems the GGYC has realised that its certificate is unclear under the Deed of Gift, particularly since it voluntarily added the reference to a ”keel yacht”. The Deed of Gift plainly requires a crystal clear certificate from the challenger, the one they have submitted is far from clear. In completely abandoning its position of last week at the hearing and shifting its opinion, the GGYC has implicitly accepted that our argument is strong and their certificate unclear.
Monday, January 28, 2008
No News is.... No News.
As with everyone standing on the sidelines or sitting in the bleachers on this one, we all wait for word from New York Supreme Court Judge Herman Cahn chambers on the fate of the America's Cup.
When his decision is reached, I am sure it will be worth the wait. The honorable judge is no doubt dotting his "i"s and crossings his "t"s to insure that his ruling will be as bullet proof as possible and leave little or no room for an appeal; ie: the door will be closed.
He has given all due respect to Alingh's new council and allowed them to make a case of contention over the "keel boat" wording in BMW Oracle's challenge. So rather than speculate, it is time to let Judge Cahn finalize his decision and retake control of his courtroom.
Stay tuned.....
When his decision is reached, I am sure it will be worth the wait. The honorable judge is no doubt dotting his "i"s and crossings his "t"s to insure that his ruling will be as bullet proof as possible and leave little or no room for an appeal; ie: the door will be closed.
He has given all due respect to Alingh's new council and allowed them to make a case of contention over the "keel boat" wording in BMW Oracle's challenge. So rather than speculate, it is time to let Judge Cahn finalize his decision and retake control of his courtroom.
Stay tuned.....
Friday, January 25, 2008
From Alinghi
Judge Cahn considers SNG’s arguments on invalidity of GGYC challenge23-01-2008
New York State Supreme Court Justice Herman Cahn heard arguments today over whether the Golden Gate Yacht Club has put forth a valid Deed of Gift challenge for the 33rd America’s Cup to its current holder, the Société Nautique de Genève and its team Alinghi.
“We were glad to make our points and found the Court receptive to our arguments," said Lucien Masmejan, lead counsel for the SNG. "We look forward to a court order properly addressing the issue of the validity of the GGYC challenge."
Justice Cahn allowed the SNG to further examine arguments put by the GGYC and invited SNG to present additional submissions on Monday on these issues, including on the definition of a keelyacht versus a multihull. SNG’s submissions will be supported by the interpretation from the International Sailing Federation which was presented to the court.
A result in SNG’s favour would put the 33rd America’s Cup back on track with a multi-challenge event in 2011 in Valencia, Spain. As Defender of the America’s Cup, the Deed of Gift gives Alinghi and SNG, as trustee, the serious responsibility of preserving the integrity of this world class sporting event.
New York State Supreme Court Justice Herman Cahn heard arguments today over whether the Golden Gate Yacht Club has put forth a valid Deed of Gift challenge for the 33rd America’s Cup to its current holder, the Société Nautique de Genève and its team Alinghi.
“We were glad to make our points and found the Court receptive to our arguments," said Lucien Masmejan, lead counsel for the SNG. "We look forward to a court order properly addressing the issue of the validity of the GGYC challenge."
Justice Cahn allowed the SNG to further examine arguments put by the GGYC and invited SNG to present additional submissions on Monday on these issues, including on the definition of a keelyacht versus a multihull. SNG’s submissions will be supported by the interpretation from the International Sailing Federation which was presented to the court.
A result in SNG’s favour would put the 33rd America’s Cup back on track with a multi-challenge event in 2011 in Valencia, Spain. As Defender of the America’s Cup, the Deed of Gift gives Alinghi and SNG, as trustee, the serious responsibility of preserving the integrity of this world class sporting event.
From BMW Oracle
GGYC Confident Court Order Will Maintain Nov. 27 Ruling
New York, NY -- January 23, 2008: Justice Herman Cahn of the New York State Supreme Court today held oral argument on SNG/Alinghi’s plea to rethink his decision of November 27, 2007 in which he declared Golden Gate Yacht Club (GGYC) the valid challenger pursuant to the America’s Cup Deed of Gift. GGYC argued that Justice Cahn’s decision was correct in all respects and there is no basis for the court to reconsider it.
"We remain confident that the court will maintain its earlier decision despite SNG/Alinghi’s apparent procedural attempts to delay," Tom Ehman, GGYC’s spokesman said. "We expect that Justice Cahn will soon issue an order setting October 2008 as the dates for our match, and we look forward to getting the Cup back on the water."
Ends
New York, NY -- January 23, 2008: Justice Herman Cahn of the New York State Supreme Court today held oral argument on SNG/Alinghi’s plea to rethink his decision of November 27, 2007 in which he declared Golden Gate Yacht Club (GGYC) the valid challenger pursuant to the America’s Cup Deed of Gift. GGYC argued that Justice Cahn’s decision was correct in all respects and there is no basis for the court to reconsider it.
"We remain confident that the court will maintain its earlier decision despite SNG/Alinghi’s apparent procedural attempts to delay," Tom Ehman, GGYC’s spokesman said. "We expect that Justice Cahn will soon issue an order setting October 2008 as the dates for our match, and we look forward to getting the Cup back on the water."
Ends
Tuesday, January 22, 2008
What Goes Around, Comes Around
“Nothing in this decision should be interpreted as indicating that multihulled boats are
either permitted or barred under the America’s Cup deed of gift.”
New York Supreme Court Judge Carmen Ciparick, July 25, 1988.
“The America’s Cup deed is a relatively simple document that seeks to encourage
international competition among sportsmen without providing for intricate rules and
dispute resolution mechanisms that have become the prominent focal points in our time.
The vision that Schuyler and the other donors sought to perpetuate over the years was
that of an international race on a grand scale among boats on the seas and not a land
bound battle among clever lawyers in the courthouse.”
New York Supreme Court Judge Carmen Ciparick, July 25, 1988.
“The conclusion is inescapable that the donor (George Schuyler) contemplated the
defending vessel to relate in some way to the specifications of the challenger.”
New York Supreme Court Judge Carmen Ciparick, July 25, 1988.
“The defender of the America’s Cup is more than the current champion yacht club. The
yacht club winning the America’s Cup becomes the sole trustee under the deed of gift
and has an obligation thereunder to insure a fair competition. The holder of the
America’s Cup is bound to a higher obligation than the victor of the Stanely Cup or
Super Bowl. In organized sports such as hockey or football there is a central authority
for the development and enforcement of competition rules. The defender of the
America’s Cup, as trustee, is charged with the responsibility of insuring that a
subsequent defense is carried out in accordance with the letter and spirit of the deed of
gift. San Diego clearly fell short of its obligations as trustee of the deed of gift.”
New York Supreme Court Judge Carmen Ciparick, March 28, 1989.
“Accordingly, San Diego shall be disqualified in the September 1988 competition.”
New York Supreme Court Judge Carmen Ciparick, March 28, 1989.
Judge Ciparick was mindful that forfitting the America’s Cup was a drastic action, but she clearly felt that that the San Diego Yacht Club had “violated the spirit of the deed” and “its clear goal was to retain the Cup at all costs.”
Eventually the America's Cup was retrieved from its bank vault home and San Diego was allowed to conduct the regatta on its terms after winning on appeal in 1990. It would appear that the court will have little tolerance for a lack of civility between the 2 parties and it is in their combined best interests to resolve this issue before the court decides to return the cup back to the bank vault for perpetuity.
Also, it is important for all participants to note that a few of the esteemed judges involved in this case are still active, including the honorable Judge Ciparick, who sits on the highest bench; the New York Court of Appeals and we know how she felt about unsportsmenlike conduct.
either permitted or barred under the America’s Cup deed of gift.”
New York Supreme Court Judge Carmen Ciparick, July 25, 1988.
“The America’s Cup deed is a relatively simple document that seeks to encourage
international competition among sportsmen without providing for intricate rules and
dispute resolution mechanisms that have become the prominent focal points in our time.
The vision that Schuyler and the other donors sought to perpetuate over the years was
that of an international race on a grand scale among boats on the seas and not a land
bound battle among clever lawyers in the courthouse.”
New York Supreme Court Judge Carmen Ciparick, July 25, 1988.
“The conclusion is inescapable that the donor (George Schuyler) contemplated the
defending vessel to relate in some way to the specifications of the challenger.”
New York Supreme Court Judge Carmen Ciparick, July 25, 1988.
“The defender of the America’s Cup is more than the current champion yacht club. The
yacht club winning the America’s Cup becomes the sole trustee under the deed of gift
and has an obligation thereunder to insure a fair competition. The holder of the
America’s Cup is bound to a higher obligation than the victor of the Stanely Cup or
Super Bowl. In organized sports such as hockey or football there is a central authority
for the development and enforcement of competition rules. The defender of the
America’s Cup, as trustee, is charged with the responsibility of insuring that a
subsequent defense is carried out in accordance with the letter and spirit of the deed of
gift. San Diego clearly fell short of its obligations as trustee of the deed of gift.”
New York Supreme Court Judge Carmen Ciparick, March 28, 1989.
“Accordingly, San Diego shall be disqualified in the September 1988 competition.”
New York Supreme Court Judge Carmen Ciparick, March 28, 1989.
Judge Ciparick was mindful that forfitting the America’s Cup was a drastic action, but she clearly felt that that the San Diego Yacht Club had “violated the spirit of the deed” and “its clear goal was to retain the Cup at all costs.”
Eventually the America's Cup was retrieved from its bank vault home and San Diego was allowed to conduct the regatta on its terms after winning on appeal in 1990. It would appear that the court will have little tolerance for a lack of civility between the 2 parties and it is in their combined best interests to resolve this issue before the court decides to return the cup back to the bank vault for perpetuity.
Also, it is important for all participants to note that a few of the esteemed judges involved in this case are still active, including the honorable Judge Ciparick, who sits on the highest bench; the New York Court of Appeals and we know how she felt about unsportsmenlike conduct.
Tuesday, January 15, 2008
From Alinghi
Justice Cahn to examine validity of GGYC challenge for 33rd America’s Cup
(New York, January 14, 2008) Today Justice Cahn decided against issuing a settlement order until after he has examined the arguments raised by Société Nautique de Genève (SNG) with regard to the validity of the Golden Gate Yacht Club (GGYC) challenge. He scheduled a further hearing for the 23rd January.
Counsel for Société Nautique de Genève, Lucien Masmejan, commented on the days proceedings: “We are very pleased with the result of today’s court hearing. Justice Cahn has acknowledged that our arguments with regard to the invalidity of the GGYC certificate need to be examined in full and have substance. We believe that the further proceedings contemplated by Justice Cahn will bring clarity to the validity of the GGYC challenge.”
(New York, January 14, 2008) Today Justice Cahn decided against issuing a settlement order until after he has examined the arguments raised by Société Nautique de Genève (SNG) with regard to the validity of the Golden Gate Yacht Club (GGYC) challenge. He scheduled a further hearing for the 23rd January.
Counsel for Société Nautique de Genève, Lucien Masmejan, commented on the days proceedings: “We are very pleased with the result of today’s court hearing. Justice Cahn has acknowledged that our arguments with regard to the invalidity of the GGYC certificate need to be examined in full and have substance. We believe that the further proceedings contemplated by Justice Cahn will bring clarity to the validity of the GGYC challenge.”
From BMW Oracle
Court Order Expected Soon
New York, NY -- January 14, 2008: The Golden Gate Yacht Club (GGYC) said today it is pleased the court order giving effect to the November 27 decision in its favor is expected to be made soon.
Justice Herman Cahn of the New York State Supreme Court today heard further arguments on the order and scheduled a hearing for January 23. GGYC expects the Court will sign the order either then or shortly afterwards.
"We were very pleased with today," Tom Ehman, the club’s spokesman said. "Justice Cahn clearly has a thorough understanding of the issues. We are confident the Court’s decision of November 27 will be enforced in the order, leading to a Deed of Gift regatta in October, 2008."
New York, NY -- January 14, 2008: The Golden Gate Yacht Club (GGYC) said today it is pleased the court order giving effect to the November 27 decision in its favor is expected to be made soon.
Justice Herman Cahn of the New York State Supreme Court today heard further arguments on the order and scheduled a hearing for January 23. GGYC expects the Court will sign the order either then or shortly afterwards.
"We were very pleased with today," Tom Ehman, the club’s spokesman said. "Justice Cahn clearly has a thorough understanding of the issues. We are confident the Court’s decision of November 27 will be enforced in the order, leading to a Deed of Gift regatta in October, 2008."
Thursday, January 10, 2008
America's Cup
The America's Cup presented in its special
handmade Epi leather travel case by Louis Vuitton. Photo courtesy of Louis Vuitton.
handmade Epi leather travel case by Louis Vuitton. Photo courtesy of Louis Vuitton.Looking for the America’s Cup
The America’s Cup has fallen on hard times. Not only the sport of; but the trophy itself. Irrespective of the ongoing legal drama the “auld mug” was not among the 44 other pieces of “heavy metal” featured in the pages of ESPN's “the magazine” December 31st issue.
There was, of course Lord Stanley’s Cup, the Indy 500’s Borg Warner Trophy, the Heisman and even showing that infamy holds no bounds, the trophy for winning the HGH ravaged Tour de France.
But the trophy representing the world’s oldest continuing sporting event was nary to be found. This after, what was the most exciting America’s Cup finals ever, bar none. The Swiss yacht Alinghi won the final race by one second over Emirates Team New Zealand.
In a stunning series of races that featured several twists, turns and a near catastrophic collision on the final windward beat of the last race, the 2007 America’s Cup ranks a one of the greatest yachting events of all time.
Regardless of all the subsequent court proceedings over the recent months, how could “America's” trophy not find itself in the company of all these other pieces of hallowed metal?
Some of the hardware featured has earned its regality, but others are nothing more sponsorship dollars badged on metal that is thrust upon us like some sort of famed artifact of sporting antiquity. The Nextel, I mean “Sprint” Cup, the Bassmaster Trophy, the MLS Cup, are you serious?
When contacted ESPN Magazine’s News Editor Mark Giles said the America’s Cup’s exclusion was an “art decision”.
“We took all the artwork that looked the best at the time and unfortunately, it wasn’t included”, said Giles. “We went with the news that was fit to print and it was their (the Art Department's) call”.
The America’s Cup has fallen on hard times. Not only the sport of; but the trophy itself. Irrespective of the ongoing legal drama the “auld mug” was not among the 44 other pieces of “heavy metal” featured in the pages of ESPN's “the magazine” December 31st issue.
There was, of course Lord Stanley’s Cup, the Indy 500’s Borg Warner Trophy, the Heisman and even showing that infamy holds no bounds, the trophy for winning the HGH ravaged Tour de France.
But the trophy representing the world’s oldest continuing sporting event was nary to be found. This after, what was the most exciting America’s Cup finals ever, bar none. The Swiss yacht Alinghi won the final race by one second over Emirates Team New Zealand.
In a stunning series of races that featured several twists, turns and a near catastrophic collision on the final windward beat of the last race, the 2007 America’s Cup ranks a one of the greatest yachting events of all time.
Regardless of all the subsequent court proceedings over the recent months, how could “America's” trophy not find itself in the company of all these other pieces of hallowed metal?
Some of the hardware featured has earned its regality, but others are nothing more sponsorship dollars badged on metal that is thrust upon us like some sort of famed artifact of sporting antiquity. The Nextel, I mean “Sprint” Cup, the Bassmaster Trophy, the MLS Cup, are you serious?
When contacted ESPN Magazine’s News Editor Mark Giles said the America’s Cup’s exclusion was an “art decision”.
“We took all the artwork that looked the best at the time and unfortunately, it wasn’t included”, said Giles. “We went with the news that was fit to print and it was their (the Art Department's) call”.
Subject to interpretation, it’s a beautiful trophy and certainly this past year as newsworthy as the others. After all the hours and dollars that ESPN has spent covering the America’s Cup over the years, you would think that it would have earned at least a postage stamp sized picture or a mention on its timeline ticker for 2007.
The America’s Cup trophy was named after the yacht that won a race over several British schooners off the Isle of Wight in 1851. The cup itself is a very ornate hollow silver gilt ewer that has been layered over the years to include recent winners and defenders of yachting most prestigious event.
The trophy’s original dimensions were 27 inches in height, 36 inches around in its circumference and weighed in at 134 ounces. It was originally called the Royal Yacht Squadron Hundred Guineas Cup.
The auld mug itself has lived a storied life. The ‘Cup was forged in Britain in 1848 during the Age of Queen Victoria by the prestigious Garrard Company. Some of the original syndicate members suggested melting down the trophy to create silver medals.
Legend has it that a butler retrieved it from the trash during a move before it finally landed back at the New York Yacht Club’s downtown Manhattan clubhouse for its rightful place in its trophy room. Tiffany’s removed its bottom in the 1880’s so the trophy could be secured in its case. The NYYC lost the America’s Cup in 1983 to the Royal Perth Yacht Club and the trophy has changed hands several times over the last 25 years.
After surviving a severe sledgehammer bashing by an indigenous Maori protestor in New Zealand a decade ago, it was returned to the capable hands of the silversmiths at Garrard’s who repaired the trophy free of charge.
For the last few years the “Auld Mug” has a bit of a glow as it has been parading about Europe and around the world, sometimes like a whore (George Schuyler would turn in his grave if he saw some of the pics), but mostly with its legend intact.
The America’s Cup now resides in Geneva, Switzerland at the Societe’ Nautique de Geneva where it awaits it fate in the New York Court System or possibly next October, in what could be a nautical war of the worlds with monolithic foil shaped trimarans!
The America’s Cup trophy was named after the yacht that won a race over several British schooners off the Isle of Wight in 1851. The cup itself is a very ornate hollow silver gilt ewer that has been layered over the years to include recent winners and defenders of yachting most prestigious event.
The trophy’s original dimensions were 27 inches in height, 36 inches around in its circumference and weighed in at 134 ounces. It was originally called the Royal Yacht Squadron Hundred Guineas Cup.
The auld mug itself has lived a storied life. The ‘Cup was forged in Britain in 1848 during the Age of Queen Victoria by the prestigious Garrard Company. Some of the original syndicate members suggested melting down the trophy to create silver medals.
Legend has it that a butler retrieved it from the trash during a move before it finally landed back at the New York Yacht Club’s downtown Manhattan clubhouse for its rightful place in its trophy room. Tiffany’s removed its bottom in the 1880’s so the trophy could be secured in its case. The NYYC lost the America’s Cup in 1983 to the Royal Perth Yacht Club and the trophy has changed hands several times over the last 25 years.
After surviving a severe sledgehammer bashing by an indigenous Maori protestor in New Zealand a decade ago, it was returned to the capable hands of the silversmiths at Garrard’s who repaired the trophy free of charge.
For the last few years the “Auld Mug” has a bit of a glow as it has been parading about Europe and around the world, sometimes like a whore (George Schuyler would turn in his grave if he saw some of the pics), but mostly with its legend intact.
The America’s Cup now resides in Geneva, Switzerland at the Societe’ Nautique de Geneva where it awaits it fate in the New York Court System or possibly next October, in what could be a nautical war of the worlds with monolithic foil shaped trimarans!
Thursday, January 3, 2008
Equal Time
To all of you Physics students who have logged on from Mr. Wharton's class at Taylor Allderdice High School....welcome! A little sailing history about your teacher. He is a self taught sailor, who prides himself on sailing on the edge and scaring everyone else to death. If you need a reference point watch Bryan Brown's character in "Something About Polly." Thats my brother and your teacher! This was taken a couple of years back when Alinghi and BMW Oracle were actually communicating, during the UBS Cup Races in Newport, Rhode Island. We were out on Narragansett Bay taking great pictures until we were kicked off the course and given a warning ticket.
Congrats Illini!
Congratulations to the Fighting Illini! We are all proud of your efforts in the Rose Bowl. You are a young, valiant team and we dare USC to show up in Champaign in the next 2 years.
Wednesday, January 2, 2008
From Alinghi and America's Cup Management Inc.
SNG FILES A MOTION TO RENEW AND REARGUE IN FRONT OF THE NEW YORK COURT
27-12-2007
Today, December 27, 2007, Simpson Thacher & Bartlett LLP, New York attorneys for Société Nautique de Genève (SNG) filed a motion to renew and reargue in front of the court in the case opposing GGYC and SNG on the 33rd America’s Cup.
The document as well as the affidavit of Fred Meyer, Vice-Commodore of the Société Nautique de Genève (SNG), are to be found in PDF versions here below.
Lucien Masmejan, lead counsel for the SNG, responds to few questions allowing a better understanding of why this has been done.
Why are you filing this motion to the judge?
In substance, we have seen the CNEV rejected as Challenger of Record because of the date of the holding of their annual regatta. The judge appointed then GGYC as Challenger of Record without further instruction, but no one – including the judge - brought its attention on the fact that GGYC challenge was not receivable due to a major flaw in their boat certificate, a key document as per the Deed of Gift.
Furthermore it is our conviction –and also the opinion of the highest Court in the state of New York- that New York courts should not interfere with the complex rules associated with organizing and administering the America's Cup. It would be best leaving this to the sailing community.
What is the purpose of the boat certificate and what actually is wrong with GGYC certificate?
The purpose of the boat certificate is to give the Defender a precise idea of what the challenging boat will be in order to prepare its Defence. The history of the Cup has shown how important was the adequacy of the certificate with regard to the validity of the challenge..
Now, the document submitted by GGYC describes a keel yacht, which is by definition a mono-hull, with a size of 90 feet X 90 feet. We want to make sure this is the boat they would show up with and not a multi-hull, or their challenge would deem to be invalid.
What would then happen?
Assuming CNEV would no longer be the Challenger of record and GGYC Certification proven defective, other challengers would then have priority over GGYC as Challenger of Record. The list of competitors has now no less than 12 challengers who entered before the deadline of December 15. All these competitors are looking for a multi challengers competition along the lines of the Protocol and the Rules and Regulations presented in November and that they committed to.
What is your ultimate objective and why such a procedural process?
Our objective is quite simple and we recurrently expressed it. Have a 33AC with a multi challengers’ selection series in AC90 Yachts. As the date cannot be 2009 anymore, we would be looking towards 2011.
To answer the second part of your question, I would reiterate that we are not the ones who chose the legal path. Now, we simply continue the process, so the GGYC has to comply with the same level of details they required from CNEV.
27-12-2007
Today, December 27, 2007, Simpson Thacher & Bartlett LLP, New York attorneys for Société Nautique de Genève (SNG) filed a motion to renew and reargue in front of the court in the case opposing GGYC and SNG on the 33rd America’s Cup.
The document as well as the affidavit of Fred Meyer, Vice-Commodore of the Société Nautique de Genève (SNG), are to be found in PDF versions here below.
Lucien Masmejan, lead counsel for the SNG, responds to few questions allowing a better understanding of why this has been done.
Why are you filing this motion to the judge?
In substance, we have seen the CNEV rejected as Challenger of Record because of the date of the holding of their annual regatta. The judge appointed then GGYC as Challenger of Record without further instruction, but no one – including the judge - brought its attention on the fact that GGYC challenge was not receivable due to a major flaw in their boat certificate, a key document as per the Deed of Gift.
Furthermore it is our conviction –and also the opinion of the highest Court in the state of New York- that New York courts should not interfere with the complex rules associated with organizing and administering the America's Cup. It would be best leaving this to the sailing community.
What is the purpose of the boat certificate and what actually is wrong with GGYC certificate?
The purpose of the boat certificate is to give the Defender a precise idea of what the challenging boat will be in order to prepare its Defence. The history of the Cup has shown how important was the adequacy of the certificate with regard to the validity of the challenge..
Now, the document submitted by GGYC describes a keel yacht, which is by definition a mono-hull, with a size of 90 feet X 90 feet. We want to make sure this is the boat they would show up with and not a multi-hull, or their challenge would deem to be invalid.
What would then happen?
Assuming CNEV would no longer be the Challenger of record and GGYC Certification proven defective, other challengers would then have priority over GGYC as Challenger of Record. The list of competitors has now no less than 12 challengers who entered before the deadline of December 15. All these competitors are looking for a multi challengers competition along the lines of the Protocol and the Rules and Regulations presented in November and that they committed to.
What is your ultimate objective and why such a procedural process?
Our objective is quite simple and we recurrently expressed it. Have a 33AC with a multi challengers’ selection series in AC90 Yachts. As the date cannot be 2009 anymore, we would be looking towards 2011.
To answer the second part of your question, I would reiterate that we are not the ones who chose the legal path. Now, we simply continue the process, so the GGYC has to comply with the same level of details they required from CNEV.
From the Golden Gate Yacht Club
GGYC Now Committed to Deed of Gift Challenge
Valencia, Spain – 29 December 2007: The Golden Gate Yacht Club (GGYC) said today it will compete for the next America’s Cup according to the basic rules of the Deed of Gift, and will seek to have an upcoming Court Order confirm the regatta for October 2008.
“It is time to move on and know where we stand,” Russell Coutts, CEO of the club’s BMW ORACLE Racing team, said.
“We had hoped to negotiate a conventional regatta under the Deed’s mutual consent provisions. But the Defender has made it clear to us and the America’s Cup community that they will not negotiate. We are now fully committed to a multihull event in 2008.
“If we are able to win, and Valencia and Spain are supportive, we would return to a conventional America’s Cup regatta in Valencia in 2011 with fair and transparent rules agreed with the challengers by mutual consent,” he said.
On January 14th the New York State Supreme Court will review the Court Order to give effect to its November 27th ruling in favor of the GGYC. The club wants to have the Deed of Gift regatta as soon as possible and has asked the Court to provide for this.
The club has made a number of attempts before and since the Court’s November 27th ruling to negotiate a conventional regatta, but the Defender has declined on each occasion to take up these offers.
- Ends -
Editor’s Note: For a full backgrounder, please go to www.ggyc.com.
For More Information:
Jane Eagleson
jeagleson@bmworacleracing.com
USA Mobile +1-201-887-8184
Bernard Schopfer
bernard.schopfer@maxcomm.ch
Mobile: +41 79 332 11 76
Office: +41 22 735 55 30
Valencia, Spain – 29 December 2007: The Golden Gate Yacht Club (GGYC) said today it will compete for the next America’s Cup according to the basic rules of the Deed of Gift, and will seek to have an upcoming Court Order confirm the regatta for October 2008.
“It is time to move on and know where we stand,” Russell Coutts, CEO of the club’s BMW ORACLE Racing team, said.
“We had hoped to negotiate a conventional regatta under the Deed’s mutual consent provisions. But the Defender has made it clear to us and the America’s Cup community that they will not negotiate. We are now fully committed to a multihull event in 2008.
“If we are able to win, and Valencia and Spain are supportive, we would return to a conventional America’s Cup regatta in Valencia in 2011 with fair and transparent rules agreed with the challengers by mutual consent,” he said.
On January 14th the New York State Supreme Court will review the Court Order to give effect to its November 27th ruling in favor of the GGYC. The club wants to have the Deed of Gift regatta as soon as possible and has asked the Court to provide for this.
The club has made a number of attempts before and since the Court’s November 27th ruling to negotiate a conventional regatta, but the Defender has declined on each occasion to take up these offers.
- Ends -
Editor’s Note: For a full backgrounder, please go to www.ggyc.com.
For More Information:
Jane Eagleson
jeagleson@bmworacleracing.com
USA Mobile +1-201-887-8184
Bernard Schopfer
bernard.schopfer@maxcomm.ch
Mobile: +41 79 332 11 76
Office: +41 22 735 55 30
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