Do you think Team Shosholoza being the new Challenger of Record is far fetched? Well, Well, Well . . . Let's have a look at this very real possibility for a second. Sebastien Destremau over at the adonnante.com website looks at just that scenario . . .
Destremau's proposition is that; now Alinghi's new lawyers have decided to argue that the NY Supreme Court did not have authority to name GGYC as the Challenger of Record and set a date for the 2008 DoG match, and that Judge Cahn accepted Alinghi’s arguments and set a new hearing for January. . .
Then, following Judge Cahn January’s decision, Alinghi will immediately contest the validity of the GGYC's challenge. Their case will be based on one simple, albeit very strong argument; that at the time of lodging their challenge, GGYC did not specify the number of hull of their 90ft x 90ft boat. A crucial mistake?
This could give Alinghi the best opportunity they have to avoid the 2008 Deed of Gift match and consequently regain full-control of the present situation.
Destremau believes that if Alinghi wins this new case, Team Shosholoza being the second entered challenge behind Desafio, will have the automatic opportunity to become the Challenger of Record ahead of TeamOrigin (3rd team to have entered). Nicely done isn't it?
Full article :
Sail-World: While all very interesting this story would appear to fly in the face of the decision Appellate Division of the New York Supreme Court which can be read by http://www.nycourts.gov/history/cases/mercury_sandiego.htm!by_clicking_here
That decision focussed on the role of multihulls in the America's Cup, it was argued that the donors of the America's Cup should have been aware of the existence of catamarans at the time of publication of the final copy of the Deed.
The hearing on January 14 is to hear arguments from the new legal team from SNG/Alinghi on the Settlement Order. But given that their case was not upheld, it is the winner's place to determine the specific performance required to satisfy their claim, not the loser's. This subject has been previously traversed at length in Sail-World.