Posts Tagged ‘court’

Oracle go to court for to decide the date of the America’s Cup

Wednesday, April 29th, 2009
The judge set the case for the May 14 hearin to decide when between  February or May 2010.
Less than a week has taken on BMW Oracle to return to the courts, forget any settlement with Alinghi. On Thursday, met in Geneva with the defender and nothing good out of the event because his next step was to return to the Supreme Court of New York.
The American team on Monday introduced a new question to the judge in the case, Shirley Kornreich, which asked him to decide on the date of the America’s Cup in multihulls must face the two teams.
Alinghi in Geneva to make the Cup in May 2010. Europeans rely on two teams that faced the northern hemisphere and that the race, by implication, is contesting in the upper part of the globe. Therefore the first time to compete is May 2010.
While Americans cling to the date of 8, 10 and February 12 as a day to be disputing the competition and the judge authorized to make on that date anywhere, but the judge gave Cahn first to Valencia .
Alinghi breakfast yesterday that the team did Larry Ellison will return to the Court of New York even before the second face to face event to be produced in a few weeks.
And just a day after you know it must return to court next May 14. At least the new judge has had the delicacy to give priority to the cause as it is expected a quick resolution of the problem.
The only thing that has asked the American team is that the judge should do when you read the competition. to this end, Alinghi has until 11 days to present its defense to the cause he has promoted the American team. On Thursday 14 will be the witnesses and the resolution is expected to be fast because the judge has to decide whether it is in February or May.
The date is the first case that the two unions have to confront the competition of shape multihulls. And it is quite likely not be the last time any of the parties return to New York to be the judges who give birth to the race.
The two unions are aware that the date is very important. For Oracle, a boat and sailing, all that is accelerating the process is beneficial. His sailboat is in navigating the waters of San Diego.
For his part, Alinghi has not yet thrown his sailboat water. Moreover, nobody has been able to view although there is talk that it will be a catamaran (two instead of three runners as the Americans) of almost 40 meters long, the maximum that allows the rule of the competition.

Bertarelli says that Valencia will Copa regardless of the Court’s decision

Saturday, March 28th, 2009

Bertarelli has said he wants to hold the next edition in Valencia, either with a number of teams if they win the lawsuit or in a duel to the best of three races against the American union, in case you lose.

Ernesto Bertarelli, Alinghi’s owner, said today that Valencia will host the 33rd edition of the America’s Cup and 2010, regardless of the decision of the Court of Appeal of the Supreme Court of New York on its lawsuit against Oracle-BMW.
Bertarelli has said he wants to hold the next edition in Valencia, either in conventional form with a number of teams if they win the lawsuit or in a duel to the best of three races against the American trade union, if you lose.
The Swiss mogul has been involved in a conference of owners and organizers of sporting events, framed at the “major sports events: a key to the development of cities” which is celebrated in this city since yesterday.
Both in his lecture “The America’s Cup, a dream, a vision, a success in their subsequent statements, Bertarelli said that if the courts give the reason, Valencia will host a new edition of” unique and spectacular ” and reaffirmed his contacts with the authorities to reality.
“If we win the lawsuit will have an issue with conventional equipment, smaller budgets and more likely to win for all and Valencia will have a unique and spectacular event,” he said, while he said that if the city wants Cup in 2010 while competing BMW only against the will.
“For me it is more important to sign the agreement with Valencia to think that BMW,” he added in proportion to the benefit that might be giving the U.S. team by announcing the headquarters of a hypothetical duel with them when they can release this stored up to six months before the race.
Bertarelli has admitted that “mistake” to announce, just as fast to win the race in July 2007 – Valencia to host the 33 edition and new ideas for the competition: a unique and new vessel and to reduce the holding of two years the next appointment.
“We wanted to move too fast to get the city to remain involved and continue the momentum of success, changing the period from four to two years and announcing our new vision of the competition, and maybe we rushed,” he argued.
Bertarelli would act differently now, “leaving a few weeks before announcing a new contract with the city and a new protocol with the teams. Held the first victory, would after a competition analysis and draw conclusions. Then, calmly, announced the new vision of the Cup, “he said.
However, has argued that his vision was “not wrong” and that, despite being embroiled in a lawsuit, there are teams that have followed, including the eighteen registered so far.
The Swiss sailor has admitted that the balance of the Copa America in part to the budget was not to recover and must keep the sponsors and reduce the cost of equipment.
The average budget of the teams in the 32 edition was 60 million euros were spent, some over 100 – but, as nuanced, “today, with half, we could win the Cup.”
“With the newness of the new ship, teams do not have to acquire technology from the past but all start from scratch with new rules and have the same chances to win,” he highlighted.
Bertarelli has insisted that it was beginning to understand the benefits of change that have emerged in the competition because it will mean “the entry of new teams in the competition and a higher level of competitiveness.”
Asked about the possibility that if the BMW-Oracle loses the trial will open the doors to participate in a conventional 33 edition, Bertarelli has been argued that the decision is up to all the participants. ”
“The cost of litigation has been for everyone, not just for me. I hope to win and then discuss it with the equipment because it is a decision of the entire community of the America’s Cup. What is clear is that they have done much harm,” been completed.

The 33th America’s Cup in the Court

Saturday, March 28th, 2009

We will have to wait and see what happens with the race and Valencia.

And there is no option agreement because the parties have long been in two very different planes. And no messages are issued and before, when they did, it never went trails converged.

The latest media cartridge used it yesterday in Auckland, Ernesto Bertarelli. There, the owner of the Swiss syndicate out any glimmer of last-minute agreement: “It was very confusing to negotiate with them. Now we are at the end of the road and there is no other option but to wait as the judges determine.”

After 570 days of litigation, Oracle made the first claim on July 20, 2007, the problem has come to a climax. The options for the defense teams are exhausted. Behind the seven judges who must now listen to the lawyers of Alinghi, BMW Oracle and Club Náutico Español de Vela (CNEVA) and there is nothing more to litigate about the need to relate to today.

And legal issues aside, the mundane only interested in knowing what is going to decide in a room where seven judges will hear over 25 minutes to the list of lawyers for the parties after. Then, silence, meditation can be extended to about two months.

White smoke when there are only two options: Alinghi has the right or to be given to Oracle. If the judges determine color of Swiss America’s Cup will be a conventional, most probably in Valencia in 2010 or 2011 with events in 2009. Larry Ellison folded sails and powerful you will not have option to enroll in a Copa America that is now closed to new participants.

If U.S. judges throw the verdict to the homeland, the only thing to be clear is that the two unions litigants will have to see the faces in a race with the multihulls on the site to decide Alinghi.

But the other unions, which care for males. Nobody can predict when a dispute could Cup conventional. Trials and the claims could cascade of either party and prolong the problem even though the two races had already been held.

Ernesto Bertarelli provides two options, and yesterday at the press conference that took place in Auckland said: “We are ready to face any decision taken by judges of the court in New York.”

Bet on Valencia
At the press conference also asked the Swiss for the location of the hypothetical conventional America’s Cup defender and defended the America’s Cup in Valencia should be made where “we have all the bases, infrastructure and support of a city she did very well in 2007. Valencia is the most easy and good solution, “he said but warned that if no agreement was reached with the government” will have to find another alternative. ”

Bertarelli said that several cities in Europe that would be willing to host an America’s Cup in the event of negotiations not lead to Valencia.