Alinghi fail to accept America's Cup agreement, Court action expected

by Richard Gladwell on 19 Jan 2010 It would appear from the tenor of a media release under the name of Tom Ehman, Head of External Affairs for BMW Oracle Racing, that Alinghi have not responded to the deadline set to accept the Singapore Agreement negotiated by the two teams last week under the oversight of the International Sailing Federation.

In a statement issued today, Ehman said:

Once again the Defender has walked away from the opportunity to resolve the litigation and all other issues
surrounding the 33rd America’s Cup, and to assure a clean and fair competition on the water.

Last Wednesday we signed the Singapore Agreement, and the governing body of our sport, ISAF, witnessed it. The only signature missing was that of the Defender, SNG/Alinghi.

On Sunday GGYC offered the Defender another chance to sign the Agreement, which had been drafted by Alinghi’s rules advisor.

Regrettably, last night the Defender again turned their backs on the Agreement, and the Cup’s pre-eminent principle – mutual consent.

Next step is expected to be a filing of actions in the New York Supreme Court to have the Construction in Country provisions of the 19th century Deed of Gift interpreted.

Some authorities spoken to by Sail-World believe that the Court could do this by merely applying the within the Four Corners of the Deed doctrine, which has driven many of their previous decisions, and without having to consider extrinsic evidence.

If this were so, then it could be that a very strict interpretation of the requirement for a Challenger or Defender to be constructed in the country of origin of their respective clubs, could be handed down, and it would then be over the the Challenger and Defender to comply or be excluded from the Match.

The Singapore Agreement negotiated between the teams, but not ratified by the Alinghi principals, would have seen a cessation of all legal action, plus agreement on the interpretation of Constructed in Country requirements to the satisfaction for the negotiators for either side.

The revised Notice of Race and Sailing Instructions incorporating amendments agreed between the teams are expected to be published within days.

Insiders now expect the 33rd Match to almost certainly proceed on 8 February 2010 in a best of three series as ordered by the New York Supreme Court.