“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.
