Posts Tagged ‘Judge Cahn’

Oracle wins America’s Cup verdict

Thursday, April 2nd, 2009

BMW/Oracle America's Cup TrimaranThe 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..

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.

Judge orders America’s Cup race for March 2009

Saturday, March 28th, 2009

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.

VIDEO 1 ALINGHI TEAM

VIDEO 2 BMW ORACLE TEAM