The ISAF appointed International Jury for the America’s Cup ruled early Wednesday morning on the redress brought by the challenger BMW Oracle.
Five requests for redress were brought before the International Jury by BMW Oracle in their ongoing litigation ahead of the 33rd America’s Cup which is scheduled to start on 8 February. The five-member Jury issued a decision in the early hours of Wednesday morning stating that the America’s Cup organising authority (OA), Société Nautique de Genève (SNG), is correct in setting a start time for the race at 10:06 (local time). There is no Deed of Gift requirement for the start time to be agreed with the challenger as the OA has the responsibility to set the start time.
The Jury also ruled that the Deed of Gift shall prevail over any other conflicting rule and the SNG will amend the Notice of Race (NOR) and Sailing Instructions (SI) to further reinforce this. In another decision, the Jury confirmed that SNG’s race committee will be responsible for determining whether to start or continue a race and in doing so has the obligation to comply with applicable safety and legal obligations. This will be reflected in the Notice of Race (NOR).
While the challenger’s request for redress regarding their intention to dump substances in the sea while racing was denied, the Jury reinforced the fact that all applicable laws must apply to any discharge while racing. The competing parties mutually agreed to modify the rules regarding detection equipment at the challenger’s request.
“We welcome the Jury’s involvement and decisions for the sport. We are confident racing will go ahead as scheduled on Monday – weather permitting – and we are looking forward to finally getting this competition on the water,” said Alinghi team skipper and tactician Brad Butterworth.
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America’s Cup 2010
The original contestants in the first America’s Cup must be turning in their graves. The thought that for the first time in the 159 year history of the event, the winner on the water of the next contest, which starts on February 8th in Valencia, may end up being declared the losers in a Court of Law, really demeans the whole sporting ethos that the Americas Cup is supposed to represent.
The ‘Cup’ is the oldest active trophy in international sport and it should be treated with the respect that position accords it. To enable some time for thinking here is a suggestion! In order to avoid the embarrassment which would undoubtedly be caused by the ‘wrong’ side taking the cup home after the ‘best of three’ races in Valencia, it should be placed in ‘neutral territory’ until the victor is finally decided in court. Where better than the acknowledged home of international yacht racing but Cowes; after all the Cup originated from the Royal Yacht Squadron.