Readying for return to the water in Valencia (Spain).
The 33rd edition of the America’s Cup after two years of trials in the Supreme Court of New York, will be held in Valencia. This was agreed Wednesday evening by the representants of Alinghi Ernesto Bertarelli and Rita Barbera (Valencia Mayor).
The deal needs the signature, the competitions will be a duel between Alinghi the Defender, and BMW Oracle Challenger are staged on the waters of Valencia in the next February 2010.
The duel will begin on February 8 , 2010 and will be for the best of three races.
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.
Ras Al Khaimah, UAE, host venue for the 33rd America’s Cup 2010
US team Oracle on Friday rejected the choice of Gulf emirate Ras al-Khaimah as the venue for its February duel with America’s Cup defender Alinghi, describing it as “illegitimate and unsafe” due to its proximity to Iran.
“In light of the developing situation in the Arabian Gulf region, Ras al-Khaimah is particularly unsuitable,” Oracle’s representative, the Golden Gate Yacht Club, said in a statement.
It called on the New York Supreme Court to order the race instead be held in the Spanish Mediterranean port of Valencia, where the last America’s Cup, won by Alinghi, took place in 2007.
Alinghi condemned Oracle’s move as a “tactic” by its owner, American computer billionaire Larry Ellison, and vowed to press on with plans to hold the event as scheduled.
“Their complaints as to safety are not truly held by them, demonstrated by the fact that they have relocated personnel to Ras Al Khaimah, and have equipment at the venue in preparation for the match,” Alinghi skipper Brad Butterworth said in a statement.
“We believe this lawsuit is yet another tactic employed by Larry Ellison and BMW Oracle to avoid racing us for the Cup on the water… Our Cup preparations and training will continue in Ras al-Khaimah.”
Alinghi, owned by Swiss biotech billionaire Ernesto Bertarelli, and Oracle have been engaged in a two-year legal battle over the next edition of yachting’s premier event.
Under a ruling by a New York court in April, the 33rd America’s Cup was scheduled to be settled in a three-leg duel starting February 8 instead of the traditional fully-fledged regatta involving several teams.
In a surprise move, Alinghi, represented by the Societe Nautique de Geneve (SNG), announced in August that Ras al-Khaimah would be the site of the race.
Representatives of Oracle inspected the proposed venue last month.
“It was clear that the RAK venue fails on every key measure necessary for a successful America?s Cup, including: lack of infrastructure, security and wind,” Oracle’s representative, the Golden Gate Yacht Club, said in a statement.
It said Alinghi’s “proposed course area is within 17 miles (27 kilometres) of islands occupied by Iran in a current territorial dispute with the United Arab Emirates of which Ras al-Khaimah is a member state,” it said.
“GGYC will not consent to SNG?s choice of an illegitimate and unsafe venue.”
It said that under America’s Cup rules the race cannot be held in the northern hemisphere without the mutual consent of the two teams.
“The only exception is Valencia, which the (New York) courts April 7, 2009 decision expressly permits,” GGYC said.
But Butterworth countered that the New York court’s order said “the location of the match shall be in Valencia or any other location selected by SNG.”
Oracle’s New Zealand skipper Russell Coutts described the choice of Ras al-Khaimah as “another example of Alinghi abusing its role as trustee of the America’s Cup.
“We want to get this going on the water but not in a risky or unsafe situation. Ras al-Khaimah is a very remote place, it’s a half-completed real estate development,” he told AFP.
The America’s Cup was to be held in the Middle East for the first time as Ras al-Khaimah’s Investment Authority tries to develop the tiny emirate by attracting investment, tourism and major international events.
In her ruling relating to a hearing on 10 August, New York Supreme Court Justice Shirley Kornreich highlights “…the unsportsmanlike behavior of Golden Gate that has resulted in substantially reducing SNG’s (Société Nautique de Genève) advantage as originally contemplated by the Deed of Gift.”
The 33rd America’s Cup Defender, Société Nautique de Genève, had filed an Order to Show Cause in front of Justice Kornreich who, despite such an unprecedented statement describing the actions of GGYC, considers such “actions are not contrary to law” and is left with no option but to deny the motion.
Justice Kornreich’s order also reiterates that the race shall be sailed under the rules and sailing regulations of the SNG.
SNG and its representing team Alinghi remain committed to a 33rd America’s Cup fought on the water in Ras al-Khaimah in February 2010.
Click here to read the NY Supreme Court court order
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