SNG statement following New York court decision on the venue for the 33rd America’s Cup.
The Appellate Division of the New York Supreme Court today upheld Justice Kornreich’s decision of 30 October 2009 that disqualified the America’s Cup Defender Société Nautique de Genève’s choice of Ras Al Khaimah in the United Arab Emirates as venue for the 33rd America’s Cup. The four-judge panel also upheld Kornreich’s decision to exclude rudders from the measurement of the load waterline length of the race yacht.
“Once again BMW Oracle‘s strategy to try to win the America’s Cup in court instead of on the water has been successful. For the first time in the history of the America’s Cup the Defender has been stripped of its fundamental right to select the venue. Société Nautique de Genève accepts this decision and Alinghi is looking forward to racing for the America’s Cup on the water in Valencia, Spain, in February 2010,” said Fred Meyer, SNG vice-commodore.
The New York Court dismisses Ras al-Khaimah and confirms Valencia to host the next America’s Cup
The Supreme Court of the State of New York has upheld an earlier decision that the series should be based in the Spanish port as desired by US team Oracle.
It rejected an appeal of that judgement filed by America’s Cup holders Alinghi of Switzerland who wanted the races to be held in the United Arab Emirates.
Oracle and Alinghi have agreed that the 33rd America’s Cup set for Valencia next year will be either a five-leg or seven-leg competition instead of the the best-of-three event that has been proposed, the mayor of the Spanish port city said Friday.
An agreement in principle in this sense was reached at a meeting in the city on Thursday between representatives of the two sides, Valencia mayor Rita Barbera said.
The two sides were meeting to prepare the next edition of the sailing race in the case the New York Supreme Court cofirms next week Valencia as the location for the event as desired by Oracle of the United States.
Defending Swiss champions Alinghi want the race to take place in the port of Ras al-Khaimah in the United Arab Emirates but Oracle has contested its choice in court.
Oracle, owned by American computer billionaire Larry Ellison, launched a legal challenge in 2007 that accused Alinghi, which as defending champion is charged with organising the next event, of bending the rules to give it an unfair advantage.
The New York Supreme Court ruled in April that the Cup should be settled by a one-on-one multihull duel between the two sides next February instead of the traditional fully-fledged regatta with several teams involving seven legs.
Via (AFP) & Yahoo News: http://news.yahoo.com/s/afp/20091211/sp_wl_afp/yachtingamcup_20091211171613
The New York Supreme Court today ruled that the 33rd America’s Cup, scheduled in February 2010, must take place in a venue in the Southern Hemisphere as per the strict reading of the competition’s governing document, the Deed of Gift, or in Valencia, Spain, as the only exception to that rule.
“This is a disappointing result as we were certain that Justice Cahn’s May 2008 decision allowed the Defender to chose Valencia or ‘any other location’,” said Lucien Masmejan, Société Nautique de Genève (SNG) legal counsel. “Ras Al Khaimah has put enormous time and effort into this 33rd America’s Cup project. We thank them and feel sorry for this unexpected result out of the New York court”.
“We are satisfied, however, as Justice Kornreich confirmed that the Deed of Gift Match will be conducted under SNG rules as she had already ruled in a previous court order,” added Lucien Masmejan.
The Defender of the 33rd America’s Cup set sail today for the start of AC training in Emirati waters.
Photos: Guido Trombetta / Alinghi
Alinghi, the 33rd America’s Cup Defender, cast off from the America’s Cup Island of Al Hamra this morning and set sail for its first training day in Ras Al Khaimah in the United Arab Emirates.
“The conditions are ideal here for these boats,” said Brad Butterworth, Alinghi team skipper, “exactly the building sea breeze that we hoped for which means we can sail as much as six days a week; it couldn’t be better for what we are trying to achieve.” The giant catamaran Alinghi 5 arrived in the Emirates from Europe on 30 September after a 12 day, 4,400nm voyage and since then the team has relocated, reassembled the boat and prepared it for the four-month training session ahead of the first race of the 33rd America’s Cup in February 2010.
“I would like to thank Ras Al Khaimah, the United Arab Emirates, his Highness Sheikh Saud, his Highness Sheikh Omar and Dr Massaad among many others. This is a fantastic venue for the America’s Cup. It is work in progress, but what has been achieved so far is second to none. It’s an honour and a pleasure to be here and I can’t wait to get sailing,” said Ernesto Bertarelli, Alinghi team president, at a press conference in Al Hamra Village on Saturday. “Some of the things I see from BMW Oracle read like the trailer of a Hollywood movie, do they really think we and the rest of the world ignore the fact that 40% of the world oil traffic goes through the Strait of Hormuz and as many goods are coming in to provide for what is the fastest growing region in the world over the last 10 years? If the Strait or this area had any security issues, we would know about it. So I say: Come on BMW Oracle, Larry Ellison, Russell Coutts and Tom Ehman; let’s get real and let’s get sailing. Stop inventing things for the sake of it.”
Preparations for the America’s Cup continue apace, both on Al Hamra Island, home to the team bases, and within Al Hamra Village where the teams and America’s Cup visitors will be accommodated over the next few months. The infrastructure is tailor-made for the event, courtesy of Ras Al Khaimah and Dr Khater Massaad, Advisor to H.H. Sheikh Saud bin Saqr Al Qasimi, Crown Prince and Deputy Ruler of Ras Al Khaimah, whose support has been invaluable. “We are proud to host such a world-acclaimed sporting event and welcome Alinghi with open arms,” said Dr Massaad, “we just hope to be able to welcome BMW Oracle, the challenger, soon in order to finalise preparations at their base on Al Hamra America’s Cup Island. The government of Ras Al Khaimah and the UAE guarantee the security of both teams in the lead up and during the Cup,” he declared.
Grant Simmer, Alinghi’s design team coordinator, has been on site during the early preparations and is delighted at the speed that work has progressed: “The difference between when we arrived here and now is amazing. The support from everyone involved in Ras Al Khaimah has been incomparable and we look forward to a successful America’s Cup Match in February 2010.”
Alinghi will now settle in to a training schedule towards the America’s Cup Match.
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