New York Court UAE Ruling
New York court dismisses UAE as America's Cup venue
By IBI Magazine
The New York Supreme Court yesterday ruled that Société Nautique de Genève (SNG) cannot hold the America's Cup in Ras Al Khaimah, UAE. SNG, the yacht club representing Cup Defender Alinghi, had announced the emirate as the venue several months ago. But its challenger, BMW/Oracle, objected in court. The Swiss syndicate has already transported their boat to the emirate and started to train.
Justice Shirley Kornreich said that the February 2010 event must take place in a venue in the Southern Hemisphere as per a strict reading of the competition's governing document, the Deed of Gift, or in Valencia, Spain, where the last America's Cup was held.
"This is a disappointing result as we were certain that Justice Cahn's May 2008 decision allowed the Defender to chose Valencia or 'any other location'," said Lucien Masmejan, Société Nautique de Genève (SNG) legal counsel, in a statement. "We are satisfied, however, as Justice Kornreich confirmed that the Deed of Gift Match will be conducted under SNG rules as she had already ruled in a previous court order."
Golden Gate Yacht Club (GGYC), which represents BMW/Oracle, said it was "pleased" with the ruling. GGYC said the judge will rule later this week on two additional issues, including SNG's selection of umpires. "Justice Kornreich understands the need for a fair and impartial jury," said the GGYC statement."Our position is that the sailing jury must have the normal powers to adjudicate."
But an earlier GGYC statement was more direct. "SNG says it has the right to change the rules for the America's Cup races at any time and select all the umpires. It's like letting the Phillies change the rules for the World Series after it starts and select all the umpires," said David Boies, GGYC's attorney.
By IBI Magazine
The New York Supreme Court yesterday ruled that Société Nautique de Genève (SNG) cannot hold the America's Cup in Ras Al Khaimah, UAE. SNG, the yacht club representing Cup Defender Alinghi, had announced the emirate as the venue several months ago. But its challenger, BMW/Oracle, objected in court. The Swiss syndicate has already transported their boat to the emirate and started to train.
Justice Shirley Kornreich said that the February 2010 event must take place in a venue in the Southern Hemisphere as per a strict reading of the competition's governing document, the Deed of Gift, or in Valencia, Spain, where the last America's Cup was held.
"This is a disappointing result as we were certain that Justice Cahn's May 2008 decision allowed the Defender to chose Valencia or 'any other location'," said Lucien Masmejan, Société Nautique de Genève (SNG) legal counsel, in a statement. "We are satisfied, however, as Justice Kornreich confirmed that the Deed of Gift Match will be conducted under SNG rules as she had already ruled in a previous court order."
Golden Gate Yacht Club (GGYC), which represents BMW/Oracle, said it was "pleased" with the ruling. GGYC said the judge will rule later this week on two additional issues, including SNG's selection of umpires. "Justice Kornreich understands the need for a fair and impartial jury," said the GGYC statement."Our position is that the sailing jury must have the normal powers to adjudicate."
But an earlier GGYC statement was more direct. "SNG says it has the right to change the rules for the America's Cup races at any time and select all the umpires. It's like letting the Phillies change the rules for the World Series after it starts and select all the umpires," said David Boies, GGYC's attorney.
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(28 October 2009)
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