America's Cup legal feud continues
By IBI Magazine
The America's Cup entered new legal waters yesterday, reaching what one analyst calls a "new low point" for the 158-year-old sailing event. Golden Gate Yacht Club (GGYC) filed a "breach of fiduciary suit" against the Societe Nautique de Geneve (SNG) in New York state court, seeking to have SNG removed as America's Cup trustee.
The filing is the latest in the two-year legal battle between America's cup Defender Alinghi, represented by yacht club SNG, and BMW/Oracle, represented by GGYC.
In the lawsuit GGYC asked the court to replace SNG as America's Cup trustee with a "faithful, fit and proper substitute" to oversee the next America's Cup match, scheduled for February 2010.
"A new Trustee would provide equitable terms for both competitors, something SNG has denied GGYC by its orchestration and manipulation of the rules and processes designed to ensure that the defending sailing team, Alinghi, cannot lose," said a GGYC statement.
The suit alleges that Alinghi chief Ernesto Bertarelli is using the America's Cup for financial gains. Among other charges, it said that Bertarelli is using America's Cup hosting rights to extract "secret" commercial deals and that choosing Ras Al Khaimah, UAE, as the venue for the 33rd Cup will "further its own business interests whilst exposing GGYC to unnecessary danger." GGYC has filed a separate lawsuit against SNG over the UAE venue.
"The oldest international trophy in sport is now in peril because of the selfish and self-serving acts of the Swiss yacht club, its representative sailing team Alinghi, America's Cup management (both controlled by Ernesto Bertarelli) and other affiliates," read the statement.
In its own statement, SNG said that GGYC is trying to win the America's Cup "in court instead of on the water".
The Swiss club noted that this is the eighth legal action in two years. "After failing in their attempts to circumvent the terms set in the governing Deed of Gift, Ellison is now seeking to snatch the Cup from Société Nautique de Genève (SNG) with a new round of baseless allegations," said Fred Meyer, SNG vice commodore, in the statement.
Barry Ostrager, lead attorney for SNG, called the filing a "PR stunt" in the statement. "There is nothing in the complaint that hasn't been the subject of prior or pending legal proceedings," said Ostrager. "Basically, GGYC doesn't want to race SNG on the water after it disenfranchised 19 other clubs from competing in an elimination series."
Noted America's Cup reporter Richard Gladwell, writing for Sail World NZ, said the motion is "unprecedented in the history of the America's Cup, and is a new low-point for what used to be the premier trophy in sailing."
"The 20-page Motion is fairly damning, and covers a number of points that have been publicly vented over the past two years," added Gladwell. "It also goes back into alleged property and financial dealings by Bertarelli family interests linked to the America's Cup — covering both Valencia and Ras al-Khaimah."
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