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since the GGYC has finally confirmed they would not race a “keel yacht” but a multi hull, they should be deemed to have withdrawn their challenge, which is in any case invalid.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.”
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