America's Cup Management has set out a very factual summation of the various issues that are on the table for the 33rd/34th America's Cup and the three paths of dispute that are being followed. For those who struggle with things legal, this is simple:
Announcement of the 33rd America’s Cup. From left to right, Francisco Camps, President of Generalitat Valenciane, Elene Salgado, Spanish Minister of Infrastructure, Rita Barberà, Mayoress of Valencia, Ernesto Bertarelli, Alinghi Head Syndicate.
Golden Gate Yacht Club v. Société Nautique de Genève: Arbitration/Litigation status (as of 24 August 2007)
In order to keep our readers up to date with news of the dispute playing out in the New York court between the Golden Gate Yacht Club and the Société Nautique de Genève, we have drawn out a simple timeline and explanation which explains the steps that have been taken and the ones to come.
The dispute between SNG and GGYC is now proceeding on three paths: (i) the arbitration before the arbitration panel under the 33rd Protocol, (ii) the complaint filed by GGYC in NY court, and (iii) the motion filed by GGYC in NY court.
- SNG, CNEV, ACM and Royal Thames have made submissions to the Arbitration Panel.
- GGYC was invited to participate in the arbitration but refused.
- A ruling is expected as to the validity of CNEV’s challenge in the coming weeks.
- Two of the three arbitrators were also arbitrators for the 32nd America’s Cup.
Litigation: GGYC’s Complaint
- GGYC’s complaint which challenges CNEV’s status as Challenger of Record was dated 20 July but was not served on SNG until 17 August.
- SNG’s response is due in mid-September.
- SNG believes GGYC’s claims are without merit and will defend itself against them.
Litigation: GGYC’s Motion
- On 22 August GGYC applied to the NY court seeking:
- An expedited schedule for the case commenced by GGYC’s complaint under which
discovery (the exchange of information between the parties) would be completed in
September and trial would be held in October, and
- A preliminary injunction requiring that SNG (i) provide GGYC with SNG’s club sailing
rules and (ii) identify where a two-team match between SNG and GGYC in July 2008
would be held.
- The 22 August 'order' of the NY court only sets a schedule for the parties’ submissions on GGYC’s application and in no way addresses the substance or merit of the application.
- SNG’s written response to the motion is due to be filed 5 September.
- A hearing on the motion before the NY court is scheduled for 10 September.
- The complaint and the motion are part of the same case and are before the same Judge (Justice Cahn) in NY.