Sail-World.com : New York Court rules in favour of America's Cup Challenger
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New York Court rules in favour of America's Cup Challenger |
Justice Shirley Kornreich has issued a decision on the matters of the Rules for the 34th America's Cup, and also the report of the Expert Panel.
She has supported the view of Golden Gate Yacht Club in the matter of measurement of Load Waterline Length, and has required the International Sailing Federation to appoint an International Jury by 4 December 2009.
The statement issued by Golden Gate Yacht Club in response to the Decision is as follows:
The New York Supreme Court has moved the 33rd America’s Cup match another significant step closer to be being sailed under the normal, fair rules of sailing.
Justice Shirley Kornreich has adopted the unanimous recommendations made by the Expert Panel which took testimony from both Golden Gate Yacht Club and the defending Société Nautique de Geneve in New York on November 7, 2009.
'This is victory for fair rules and common sense,' said Tom Ehman, GGYC spokesperson. 'Once again SNG’s attempts to bias the rules in their favor have been rejected.'
The court’s ruling that both yachts must be measured with all ballast aboard, including moveable ballast, blocks Alinghi’s attempt to circumvent the 90ft Length on Load Waterline (LWL) limit imposed by the America’s Cup Deed of Gift.
It was because of SNG’s refusal to put an International Jury in place to determine some of the sporting and technical issues that the Court called for its own Expert Panel of former America’s Cup jurors.
David Tillett (AUS), Graham McKenzie (NZL) and Bryan Willis (GBR) were 'well qualified and independent,' the Court said in today’s ruling.
The Court also put a time limit on this vital matter of jury appointment, ordering that if is not settled by December 4th, 2009 the Court will ask the Expert Panel to re-convene.
'All we have ever asked is that the America’s Cup be raced under the normal rules and procedures that nearly every sailor in the world competes under,' added Ehman. 'Yet again SNG has had to be reminded that the America’s Cup is not the Alinghi Cup.'
Societe Nautique de Geneve were more muted in their response commenting: 'New York Supreme Court Justice Kornreich has brought a degree more certainty to the 33rd America’s Cup today. It is good to at last have her decision on some of the pending issues. Alinghi continues to focus on its training programme ahead of the Match for the 33rd America’s Cup against BMW Oracle on 8 February 2010.'
 | Alinghi 5 on 'Amico & Co' shipyard, showing her overhangs. She will now have to have her ballast tanks filled only to the point where she sinks to the 90ft Load Waterline Length maximum and no more. SNG had argued that ballast tanks should be empty for measurement purposes. - Carlo Borlenghi- Alinghi © |
Writing the The Independent (UK), yachting correspondent Stuart Alexander noted: 'Extra pressure poured on the Swiss holder of the America's Cup, Ernesto Bertarelli's Alinghi, following the latest ruling from New York judge, Shirley Kornreich.
'In accepting en bloc the recommendations of a panel of sailing rules experts, she decreed that Alinghi's state of the art catamaran will have to meet measurement rules limiting its length to 90 feet when it is fully kitted for racing, including the addition of water ballast.
'Alinghi had argued that it could be measured in its lightest state. Adding weight sinks the boat further into the water, which can increase its effective length, possible beyond the legal limit.
For the full story from Stuart Alexander click here
For a fuller explanation of the issues to be answered by the Expert Panel click here
To read the full Appeal Decision click here
by Richard Gladwell
9:16 PM Thu 19 Nov 2009 GMT
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