News Home Video Gallery Photo Gallery : Cahn rules in favour of BMW Oracle Racing

Cahn rules in favour of BMW Oracle Racing

'BMW Oracle Racing have prevailed in the latest America’s Cup ruling.'    MCC McCamp    Click Here to view large photo

Sail-World is receiving reports, that have been confirmed, that Justice Herman Cahn has ruled in favour of BMW Oracle Racing, by denying the motions bought by Societe Nautique de Geneve.

After determining that Club Nautico Espanol de Vela was not a legitimate Challenger for the America's Cup Cahn ruled on 27 November 2007 that Golden Gate yacht Club was the legitimate challenger and the SNG, as Defender would have to accept their challenge for a 90ft x 90ft 'keel yacht'.

SNG/Alinghi hired a new legal team and challenged these ruling on the basis that GGYC was not necessarily a legitimate challenger, because one of the requirements that CNEV had not met - staging an annual regatta on the sea - had now been met. This was ruled not to be new information that had not bee previously considered by the Court, and this Motion was denied.

The secon Motion related to the claim that there was an error in the Notice of Challenge in that GGYC had named their vessel as a 'keel yacht' which SNG claimed was confusing even though it was not a required term under the Deed of Gift. This count was also dismissed on the basis that this was known to SNG/Alinghi at the time of the first hearing, and was not raised at that point. In fact one Alinghi spokesman, Hamish Ross gace evidence that the GGYC Challenger could only be a multihull. Cahn also picked up on the point that GGYC had supplied all the required data relating to their Challenger and 'there is no need for a hearing to determine the effect of the use of the word 'keel'.'

Similar arguments of a technical nature such as that relating to the meaning of 'week day' were also dismissed.

Justice Herman Cahn has provided a circuit breaker in the Americva’s Cup impasse -  Event Media  
Sail-World is not certain of the dates at this stage, however it is understood that these will be negotiated between the parties.

If SNG/Alinghi wish to appeal further then the ruling is worded in such a way that they can only Appeal after the Match has been sailed.

This measure is consistent with the rule made in the Big Boat vs The Cat case where Justice Carmen Ciparick ruled that the parties would have to sail for the Cup and then argue about the fairness of the match or otherwise, after the event.

The current ruling will speed up the Cup process as the 33rd Match, when sailed, will determine a Defender and that Club will be able to get on with organising the 34th America's Cup. While an Appeal process may go on for a further couple of years this would not detract from the organisation of a new America's Cup, which would now seem to be likely for 2011.

We will have further updates on the 11 page ruling when it comes to hand.

Alinghi have indicated that they will not Appeal this latest decision from the New York Supreme Court, however in 1988 there were two further Appeals after the disputed Match had been sailed.

For the full Decision click here?nid=42734

by Richard Gladwell, Sail-World NZ


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

6:47 PM Tue 18 Mar 2008 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:

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
03 Apr 2014  34th America's Cup: A Match of three weeks - Part 3 - Under the Pump
01 Apr 2014  34th America's Cup: A Match of three weeks - Part 1 - Regaining time
08 Mar 2014  Fast foils-a conversation with Paul Bieker, part two
03 Mar 2014  America's Cup- Fast foils-a conversation with Paul Bieker, part I
19 Jan 2014  America's Cup: CNN Mainsail Down Under on the state of the Cup
16 Jan 2014  America's Cup: Jobson goes one on one with Jimmy Spithill (Part 5)

News - USA and the World

America's Cup Book Review: Winging It - Oracle Team USA's comeback *Feature by Richard Gladwell,

Rolex China Sea Race 2014 - nip and tuck for IRC honours by RHKYC and Guy Nowell, Sail-World Asia, Hong Kong

HUD Vision: An interview with Afterguard Marine’s Alex Moret *Feature by David Schmidt, Sail-World USA Editor, Seattle

ISAF Match Race Rankings for 16 April 2014
ISAF Sailing World Cup Hyeres – World’s best to race on French Riviera
Rolex China Sea Race – Fleet off to a clean start
America's Cup: Expected de Ridder penalty should be reduced *Feature
World Youth Sailing Week – Second edition officially presented + Video
Rolex China Sea Race - Sailing classic returns
Les Voiles de St Barth – Fired up for battle
CNN Mainsail Down Under for the 75th JJ Giltinan Trophy - 18ft skiffs
Volvo Ocean Race: North Sails on outfitting the Volvo 65
Image gallery: James Cook High's Royal encounter on Steinlager 2 *Feature
Volvo Ocean Race - Maersk Line named shipping partner
Congressional Cup - Victory for Taylor Canfield and crew
SSV Oliver Hazard Perry joins America's Tall Ship fleet + Video
2014 Halifax – Saint-Pierre Ocean Race
Oyster Regatta Antigua - Glorious conditions prevail on final day
WWA Pro Card Qualifier - Pro Cards earned at Freedom Wake Park
Christmas Caribbean Rally - Top class sailors to compete
Earth Day boater tips
Anna Tunnicliffe - from CrossFit to Extreme 40's
Charleston Race Week - Photos by Chris Howell
Image Gallery: Stratis SL33 flies on the Waitemata   
Audi Melges 20- Sperry Topsider Charleston Race Week - Light final day   
Clipper Round the World Yacht Race - PSP Logistics prepares for USA   
ISAF Sailing World Cup Hyères - Crème of the crop to compete   
Congressional Cup: Luna Rossa makes podium in first event   
Int 14 World Championships 2015 launch new event website   
International Optimist Regatta Clinic and Team Race - Register now!   
Congressional Cup: World top rankers finish that way in Long Beach   
Sperry Top-Sider Charleston Race Week Day 3 finale   
America's Cup: Gino Morrelli outlines the new AC62 design   
Doyle Sails New Zealand signs Andrew Brown as One Design Manager   
America's Cup: Dean Barker's Blog - A sail with the Duke and Duchess *Feature   
29er World Youth Sailing Week Easter regatta - Day 1 and 2 overall   
C Thomas Clagett Jr Memorial Clinic/Regatta - Entries start to roll in   
50th Congressional Cup: See the delayed coverage and media conferences   
Clipper Race 10 Day 27: Closing stages - Qingdao to San Francisco   
Canfield, Williams, Bruni, Swinton in Congressional Cup final four   
Sperry Top-Sider Charleston Race Week - Day 2   
Audi Melges 20 Charleston Race Week - Perfect conditions in Charleston   
Oyster Regatta Antigua - Full on ocean conditions for day 3   

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  

Switch Default Region to:

Social Media





New Zealand

United Kingdom

United States

Cruising Northern

Cruising Southern

MarineBusiness World

PowerBoat World

FishingBoating World






Contact Us

Advertisers Information

Submit news/events

Search Stories/Text


Advertisers Directory

Newsletter Archive

Photo Gallery


Banner Advertising Details

Newsletter Subscribe

Video Gallery





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.