sail-world.com
 
 
News Home Cruising Photo Gallery Video Gallery

 

Sail-World.com : Ernesto uses legal tactics in America's Cup saga

Ernesto uses legal tactics in America's Cup saga

'Ernesto Bertarelli (left) with skipper Brad Butterworth. Bertarelli'    www.alinghi.com ©    Click Here to view large photo

Ernesto Bertarelli owns Alinghi, the Swiss team that holds the America’s Cup. He said last summer that he would win a court battle with the American Oracle team over the format of the next cup because 'we have the best lawyers.' He was wrong.

And now, after being ordered by a judge to honor the Oracle’s challenge for a race between giant multihulls, Bertarelli’s response has been to hire new (and presumably better) lawyers. And he seems to be reneging on his earlier promise not to appeal the decision by the court that since 1887 has been the trustee of the Deed of Gift that governs cup competition.

To many observers it looks as if Bertarelli has decided to build a 90-foot catamaran or trimaran to meet Oracle, which represents San Francisco’s Golden Gate Yacht Club. His latest legal maneuvers may not be aimed at winning in court but in delaying the race as long as possible, giving him time to catch up with Oracle’s designers who have been working on multihull plans for months.

Meanwhile, other teams that would have raced in 2009 are mothballing their bases or shutting down. Alinghi and Oracle are bankrolled by billionaires, but it will be nearly impossible for the other dozen to raise the $100-$200 million in sponsorship money needed for an America’s Cup campaign without being able to tell the sponsors when and where it will be held.

Alinghi represents the Societe Nautique de Geneve. Bertrelli’s latest attempt to delay honoring the GGYC challenge is a letter from his new lawyers asking Judge Herman Cahn of the New York State Supreme Court to set next May as the date for facing the Oracle challenge, or 10 months longer than Alinghi is supposed to get under the Deed of Gift.

SNG’s lawyers also asked that the judge’s settlement order for the GGYC lawsuit include the phrase, 'should GGYC ultimately be upheld to be the rightful challenger. . .' which is breathtakingly presumptuous and telling.

It implies A. That the New York Supreme Court doesn’t have the authority to interpret the deed for which it was specifically named the trustee 120 years ago, and B. That SNG doesn’t recognize the New York Supreme Court’s authority and will ask a higher court to overturn Judge Cahn’s ruling.

That’s going to be a tough argument to sustain, because a few weeks ago SNG was arguing that only Judge Cahn had the power to recognize the Spanish yacht club it set up as its tame challenger of record for the event Alinghi originally planned for Valencia, Spain, in 2009.

But if nothing else, it has delayed the announcement of a final settlement order by Judge Cahn until at least mid-January, and any delay works in Alinghi’s favor.

For the rest of this excellent story click here




by Eric Sharp, Freep.com

  

Click on the FB Like link to post this story to your FB wall

http://www.sail-world.com/index.cfm?nid=40068

2:13 AM Wed 19 Dec 2007 GMT






Click here for printer friendly version
Click here to send us feedback or comments about this story.

Click for further information on
2013 America's Cup

Related News Stories:

09 Aug 2014  America's Cup: Former Artemis crew member says danger is being ignored
27 May 2014  America's Cup: Oracle Team USA under stress
23 May 2014  America's Cup: Oracle and Team NZ designers reveal AC72 secrets
22 May 2014  America's Cup: Artemis death verdict 'result of an human act'
10 May 2014  A year after the Artemis incident, the sailors tell of the pain
01 May 2014  America's Cup: Oracle and Team NZ tech insights - Free lecture tonight
16 Apr 2014  America's Cup: Expected de Ridder penalty should be reduced
14 Apr 2014  America's Cup: Dean Barker's Blog - A sail with the Duke and Duchess
12 Apr 2014  America's Cup: Coutts claims ISAF Jury on a crusade, backs Kiwi report
10 Apr 2014  America's Cup: Two Kiwis escape hometown action in AC45 rules ruckus
MORE STORIES ...

News - USA and the World









Audi Melges 20 World Championship - Classic Garda conditions on day 2 by International Audi Melges 20 Class Association,


















Audi Melges 20 World Championship - Alessandro Rombelli's 'STIG' leads by International Audi Melges 20 Class Association,




























Aldo Alessio Regatta - Three days of tight racing by Erik Simonson, Pressure-Drop.US,










Sailing Champions League - which is Europe's best sailing club? by Dan Ibsen & the Sail-World team, Copenhagen


Weta fun at the Wine & Roses Regatta
Extreme Sailing Series: The Wave, Muscat claims victory on Cardiff Bay
International 14 World Championships 2015: Not just for boys
Rio de Janeiro achieves 50% treatment of sewage outflow *Feature
2014 AWT Quatro Desert Showdown - Event memorable videos
2014 18' Skiff Int Regatta: Day 1 at San Francisco - Reversal on beach
Emirates Team NZ: Last race boost cannot save team from table bottom
PWA Alacati World Cup - Furious slalom is upon us
J/111 World Championships - The Winner is Shmokin Joe!
J/24 US National Championship - Victory for Will Welles’ Cougar
Extreme Sailing Series: View the Final Day's action - Replay
NYYC Grandmasters Team Race - Reign continues for Noroton Yacht Club
WSSR announces new World Record Around Britain and Ireland
IFDS Worlds 2014 - Final day photos by Tim Wilkes
2014 Detroit Cup - Morvan wins
Newport Bucket Regatta 2014 -Images by George Bekris
IFDS Worlds 2014 - Final report: USA qualifies for Rio 2016
Extreme Sailing Series: Absent With-Out Leave – Ben Ainslie Racing
2014 IFDS World Championship - New champions claim medals
2014 IFDS World Championships - Sunday’s race images by Tim Wilkes
Shark World Championships underway in Toronto   
Anna Tunnicliffe: Alinghi second o'all - Extreme Sailing Series, Day 3   
Formula Kite World Championships - Nocher and Bridge crowned Champions   
Emirates Team NZ: Frustrating Day 3 in Extreme Sailing Series, Cardiff   
Extreme Sailing Series: Light winds help The Wave Muscat - Day 3   
Extreme Sailing Series 2014 Act five - Absent without leave – the wind   
IFDS Worlds 2014 - Images: Race day five   
Herreshoff Classic Regatta 2014 - Images by Ingrid Abery   
Youth Olympics - Gold to Argentinean and Chinese Techno 293 racers   
Youth Olympics Games Nanjing - Double Youth Olympic Gold for Singapore   
Sevenstar Round Britain and Ireland Race 2014 - Two Handers celebrate   
Audi Melges 20 U.S. National Championship 2014 - Brazilian dance party   
IFDS Disabled Sailing Worlds Day 5 - USA fighting for Rio 2016 Berths   
J/111 World Championship 2014 - Day 4: Shmokin Joe consolidates lead   
Anna Tunnicliffe: Alinghi on top - Extreme Sailing Series, Day 2   
2014 IFDS World Championships - Breezy frustrations   
2014 Detroit Cup - Down to the final four   
Sevenstar Round Britain and Ireland Race - Every finisher's a winner   
2014 49er, 49er FX, Nacra 17 U.S. National Championship - Day 2   
J/24 US National Championship - Will Welles leaps into lead   


For this week's complete news stories select    Last 7 Days
   Search All News
For last month's complete news stories select    Last 30 Days
   Archive News







Sail-World.com  


















Switch Default Region to:

Social Media

Asia

Australia

Canada

Europe

New Zealand

United Kingdom


http://www.sail-world.com/event_images/image/Twitter_logo_small.png http://www.sail-world.com/event_images/image/FaceBook-icon.png  http://www.sail-world.com/event_images/image/RSS-Icon.png

United States

Cruising Northern

Cruising Southern

MarineBusiness World

PowerBoat World

FishingBoating World

 

Contact

Commercial

News

Search

Contact Us

Advertisers Information

Submit news/events

Search Stories/Text

Feedback

Advertisers Directory

Newsletter Archive

Photo Gallery

 

Banner Advertising Details

Newsletter Subscribe

Video Gallery

Policies

 

 

 

Privacy Policy

 

 


Cookie Policy

 

 



This site and its contents are © Copyright TetraMedia and/or the original author, photographer etc. All Rights Reserved.  Photographs are copyright by law.  If you wish to use or buy a photograph contact the photographer directly.
XLXL WAS US
LocalAds   DE  ES  FR  IT