The New York Court of Appeals ruled Thursday in favor of Oracle over Alinghi in a long-running legal fight that would now make Golden Gate Yacht Club the challenger of record for the America’s Cup.
The New York Supreme Court ruled today in favor of the U.S. team, BMW Oracle in the lawsuit against Alinghi, the America’s Cup 33 will be a duel between two teams to the best of three races in a competition in Valencia in 2010.
The competition will abandon its conventional format of several teams to hold a mourning, according to ‘Deed of Gift’ within ten months.
With this statement has been finished 633 days of dispute that began on July 20, 2007 when the BMW-Oracle filed a lawsuit before the Supreme Court of New York to consider invalid the Club Náutico Español de Vela (CNEVA) as’ challenger of record “and therefore the signed Protocol..
NEW YORK (Reuters) – The America’s Cup match race between holders Alinghi and challenger BMW Oracle is to be held in mid-March of 2009, a New York Supreme Court judge ruled on Monday.
Judge Herman Cahn ordered the showdown race to take place in 10 months’ time in Valencia, Spain, or any other location chosen by Alinghi’s yacht club SNG (Societe Nautique de Geneve) provided it notifies the challenger at least six months ahead.
The judge said SNG and the challenging Golden Gate Yacht Club “may engage in a mutual consent process” and arrange satisfactory dates, courses and rules for the 33rd America’s Cup in accordance with the Deed of Gift governing the event.
Judge Cahn ruled last November that BMW Oracle should be the challengers of record for the next edition of yachting’s biggest prize rather than CNEV, the Spanish club favored by Alinghi.
“We are pleased that the Court has advanced the process and required the defender to confirm the venue,” Golden Gate Yacht Club spokesman Tom Ehman said. “We will now be considering the order to determine our next steps.”
The ruling set up a best-of-three, head-to-head series for the America’s Cup rather than the usual multi-boat competition to determine a challenger.
As challenger, BMW Oracle can name the type of boat to be used for the race and they have said they will opt for large-scale multi-hull boats. The challengers were pressing to hold the event in October 2008.
Alinghi argued that the preparation time allowed for in the yachting competition’s 121-year-old rules should push the date to May 2009 to give them ample time to get ready.
Lucien Masmejan, lead counsel for Alinghi, said they would ideally prefer to hold the races in July, given that March was not a regular sailing time in the northern hemisphere.
Larry Ellison's Oracle Racing team is gearing up to defend its trophy in the 34th America's Cup in San Francisco during the summer of 2013. PCMag chatted recently with team leader John Kostecki. […]