Please select your home edition
Edition
North Sails NZL -  Performance

America's Cup venue in Ras al-Khaimah ruled invalid by Court

by Richard Gladwell on 28 Oct 2009
There is still no Mutual Consent in the 33rd America’s Cup Carlo Borlenghi/ Alinghi © http://www.alinghi.com

In a Hearing in the New York Supreme Court today, Justice Shirley Kornreich ruled that any venue arbitrarily selected by the Defender of the America's Cup for the 33rd match had to be Deed compliant.

The decision from the Bench surprised many, and means that the only valid venue for the 33rd Match is Valencia, Spain; or a Southern Hemisphere venue; or a venue determined by mutual consent between the Challenger, Golden Gate Yacht Club and the Swiss Defender, Societe Nautique de Geneve.

While the move would appear to remove the chosen venue of Ras al-Kaimah as a location, that would only apply if the Match were still to be sailed on 8 February 2010, and there was no mutual consent between the Challenger and Defender.

While agreement between the latter seems unlikely at this stage, the ongoing legal proceedings may well create further delay, slipping the match beyond May 2010, meaning that SNG could well select the Northern Hemisphere venue.

Alternatively SNG could arbitrarily select a Southern Hemisphere venue for a Match in February 2010, without any consent required from the Challenger.

On the issue of the Rules, many of the issues raised by Golden Gate were not immediately ruled upon by the Court . However staying consistent with the 'Four Corners of the Deed' doctrine, Justice Shirley Kornreich ruled that the measurements, as stated in the Deed of Gift should not be exceeded, and by implication could be less than stated on the Notice of Challenge filed by Golden Gate Yacht Club in July 2007.

She undertook to try and rule on the outstanding matters of rudders being included in the Load Water Line measurement, and whether ballast tanks had to be full or empty at measurement time, later in the week.

Justice Kornreich also asked that the International Jury be empaneled as soon as possible, and that the Intrenational Jury have all the normal powers of a Jury, meaning that it was to be independent as it is for any other international regatta, without oversight or direction by regatta organisers

A statement issued by www.Alinghi.com for Societe Nautique de Geneve reads:

New York Supreme Court orders 33rd America’s Cup to be Deed compliant

The New York Supreme Court today ruled that the 33rd America’s Cup, scheduled in February 2010, must take place in a venue in the Southern Hemisphere as per the strict reading of the competition’s governing document, the Deed of Gift, or in Valencia, Spain, as the only exception to that rule.

'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. 'Ras Al Khaimah has put enormous time and effort into this 33rd America’s Cup project. We thank them and feel sorry for this unexpected result out of the New York court'.

'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,' added Lucien Masmejan.

By way of explanation, SNG noted that the 1887 Deed stipulates that racing for the America’s Cup between 1 November and 1 May must take place in the Southern Hemisphere, Justice Cahn’s 12 May 2008 New York Supreme Court Order ‘that the location of the match be in Valencia or any other location selected by the SNG’ led the America’s Cup defending yacht club, Société Nautique de Genève, to select Ras Al Khaimah in the United Arab Emirates.



In a later statement, Golden Gate Yacht Club commented:

New York, NY, October 27, 2009 – 'We’re pleased with the court’s decision today that Alinghi’s choice of the venue for the 33rd America’s Cup was not allowed under the Deed of Gift.

'We look forward to Justice Kornreich’s decision later this week regarding two additional issues.

'First, we hope she will agree with our position that Alinghi cannot add additional ballast, equipment or sailors to the boat after it has been measured for compliance with the Deed of Gift’s restriction on length along the load water line. Enabling any team to add additional weight after measurement – thus lengthening its load water line and increasing its speed – violates the Deed of Gift, decades of sailing practice, and the spirit of the rules that govern the America’s Cup.

'Second, Justice Kornreich understands the need for a fair and impartial jury.

'Our position is that the sailing jury must have the normal powers to adjudicate. We remain motivated to negotiate all remaining issues with Alinghi to ensure a fair, competitive and successful America’s Cup in February 2010. We took a
big step towards this goal today.'
North Sails Fast Naiad/Oracle SupplierT Clewring - Generic

Related Articles

Rio 2016 - The Qualification Games - Part 2
Yachting NZ's refusal to nominate in three classes won in the first round of 2016 Olympic Qualification is unprecedented Yachting New Zealand's refusal to nominate in three classes won in the first round of 2016 Olympic Qualification is without precedent. Subject to Appeal, the Kiwis have signaled that they will reject 30% of the positions gained in the ISAF World Sailing Championships in Santander in 2014.
Posted on 22 May
Gladwell's Line - World Sailing changes tack after IOC windshift
Over the past year, we've given the International Sailing Federation (now re-badged as World Sailing) a bit of stick Over the past year, we've given the International Sailing Federation (now re-badged as World Sailing) a bit of stick. Every blow well earned over issues such as the pollution at Rio, the Israeli exclusion abomination plus a few more. But now World Sailing is getting it right.
Posted on 21 May
Rio 2016 - The Qualification Games - Part 1
Antipodean selection shenanigans aside, the Qualification system for the Rio Olympics appears to be achieving its goals Antipodean selection shenanigans aside, the Qualification system for the Rio Olympics appears to be achieving goals set in the Olympic Commission report of 2010. Around 64 countries are expected to be represented in Rio de Janeiro in August. That is a slight increase on Qingdao and Weymouth, but more importantly a full regional qualification system is now in place
Posted on 19 May
Taming the beast-a conversation with Stuart Meurer of Parker Hannifin
While AC72 cats were fast, they difficult to control, so Oracle partnered with Parker Hannifin to innovate a better way. If you watched videos of the AC72s racing in the 34th America’s Cup (2013), you’re familiar with the mind-boggling speeds that are possible when wingsail-powered catamarans switch from displacement sailing to foiling mode. While foiling is fast, there’s no disguising the platform’s inherent instability. Now, Oracle Team USA has teamed up with Parker Hannifin to innovate a better way.
Posted on 18 May
From foiling Moths to Olympic starting lines-a Q&A with Bora Gulari
Bora Gulari’s is representing the USA at the Rio 2016 Olympics in the Nacra 17 class, along with teammate Louisa Chafee. Bora Gulari (USA) has made a strong name for himself within high-performance sailing circles, with wins at the 2009 and 2013 Moth Worlds. In between, he broke the 30-knort barrier and was the 2009 US SAILING Rolex Yachtsman of the Year. His latest challenge is representing the USA at the Rio 2016 Olympics in the Nacra 17 class as skipper, along with his teammate Louisa Chafee.
Posted on 12 May
Concern for Zika at Rio Olympics is now deadly serious
Alphabet soup is one description that has thus far not been used for either Guanabara Bay, Alphabet soup is one description that has thus far not been used for either Guanabara Bay, or the Rio Olympics. Many others have, and they were apt, but things have changed. So here now we have a situation where one man, Associate Professor Amir Attaran, who does have a more than decent string of letters after his name, is bringing nearly as many facts to bear as references at the article's end
Posted on 12 May
The importance of being Alive
Since buying the stunningly pretty Reichel-Pugh canting keel 66-footer, and re-naming her Alive, Since buying the stunningly pretty Reichel-Pugh canting keel 66-footer, and re-naming her Alive, the team have lined up for a lot of things, won plenty and nabbed a record, as well. She’s presently in a yard in the Philippines having a minor refit in readiness for the Australian season. It will commence with the upcoming Brisbane to Keppel and then head sharply into this year’s Hobart.
Posted on 10 May
Zhik - The brand born of a notion, not its history
here is probably every reason that ocean rhymes with notion. Zhik’s tagline is officially marketed as Made For Water There is probably every reason that ocean rhymes with notion. Zhik’s tagline has been officially marketed as Made For Water, and this is precisely what the company has done for the last eight years before the succinct and apt strapline came from out of R&D and into mainstream visibility.
Posted on 8 May
Shape of next Volvo Ocean Race revealed at Southern Spars - Part 1
Southern Spars has been confirmed as the supplier of spars for the 2017-18 Volvo Ocean Race. In mid-April, Race Director, Jack Lloyd and Stopover Manager Richard Mason outlined the changes expected for the 40,000nm Race during a tour of Southern Spars 10,000sq metre specialist spar construction facility. A total of up to seven boats is expected to enter, but time is running out for the construction of any new boats.
Posted on 3 May
Will NZ's most successful Olympic Sailing event cop the Selection axe?
New Zealand qualified in all ten of the 2016 Olympic events at the first round of Qualifying in Santander Spain New Zealand qualified in all ten of the 2016 Olympic events at the first round of Qualifying in Santander Spain in September 2014. In two of those the RS:X Windsurfing event, New Zealand is unlikely to be represented in the Men's event, and in the Women's event, Natalia Kosinska would appear to be a borderline selection.
Posted on 2 May