Letters fly over America's Cup venue in Ras al-Khaimah

by Richard Gladwell, Sail-World on 9 Oct 2009
A terse exchange of letters has taken place over the designated America's Cup venue in Ras al-Khaimah, UAE.

Today, Marcus Young of Golden Gate YC responded to an earlier note from Societe Nautique de Geneve, and a subsequent rejection by Dr Khater Massaad of Ras al-Khaimah of an accepted the invitation to visit San Diego and discuss the venue with the Challenger.

That move would seem to have broken any possible reconciliation between the parties, and matter would now seem to be back in front of the New York Supreme Court and various Appeal bodies.

The full text of both letters is as follows.

From Golden Gate Yacht Club on 8 October 2009 to Societe Nautique de Geneve

Mr. Fred Meyer
Vice-Commodore
Chairman, SNG America’s Cup Committee
Société Nautique de Genève
Port Noir
CH-1223 Cologny
Switzerland

Dear Vice Commodore Meyer:

This letter is in reply to your letter of October 4, 2009. I again refer you to our letters of May 20, 2009, May 23, 2009, June 19, 2009, July 8, 2009, and July 28, 2009, as well as our most recent letter of October 1, 2009.

In those letters we made it clear to you, repeatedly, that SNG must choose a Deed-compliant venue for the 33rd America’s Cup, and that we do not view Ras Al Khaimah as Deed-compliant.

In the face of those letters, that SNG and Alinghi proceeded to set up shop in Ras Al Khaimah is no one’s fault but your own. To repeat, any expense SNG or any of its affiliates, Ras Al Khaimah, or any other party, has incurred in pursuing RAK as the venue remains solely your or their own responsibility.

We reject each and every one of the unfounded and irresponsible assertions made in your October 4, 2009 letter regarding GGYC, BMW ORACLE Racing, Russell Coutts and Tom Ehman. Moreover:

• The fact that there has been yacht racing, or other sports events, in Dubai, or that companies including two of our team’s title partners do business in the UAE, is well documented. RAK, however, is not Dubai. For you to suggest that it is indicates that you have been badly briefed or worse.

• Your assertion that we have relocated personnel and equipment to RAK is false. In a good-faith attempt to evaluate RAK, we sent a few team members and recon-related equipment to RAK, temporarily, to conduct our due diligence on whether we could mutually consent to RAK as a Deed non-compliant venue.

• The closing assertion in your letter of October 4th that GGYC must 'race the match at the selected venue, or forfeit' is yet another disheartening example of SNG’s reckless disregard for the America’s Cup Deed of Gift and the Judgment and Orders of the New York courts.

Nonetheless, in our continuing efforts to find solutions we invited Dr. Khater Massaad, special advisor to H.H. Sheikh Saud bin Saqr al Qasimi and RAK’s Minister of Tourism, to come to California later this week for meetings with senior GGYC and BMW ORACLE Racing representatives. Importantly, we reaffirmed the invitation to Dr. Massaad after we filed our venue motion, and stated that it was more important than ever that the meeting proceed. Subsequently, Dr. Massaad accepted the invitation, sent us his flights details, and requested a chauffeur to the meeting. You will understand our surprise to read yesterday’s email from Dr. Massaad informing us that he now will not meet with us unless and until GGYC agrees to race in RAK.

We would have thought that, if SNG and RAK were serious about addressing our reservations about RAK, Dr. Massaad’s coming to California to meet us was not just desirable but imperative. It is the first time we have heard of a Minister of Tourism who said, 'Commit to coming to my country and then I will come tell you why you should.' Dr. Massaad’s sudden change heart is disappointing to say the least.

We note the court has already set a hearing on October 27th for our venue motion, and we hope the matter will be quickly resolved so that racing for the 33rd America’s Cup can proceed as scheduled next February.

Once again we confirm our commitment to meet with your representatives to mutually agree on the venue and terms for the Match.

Yours sincerely,

GOLDEN GATE YACHT CLUB

Marcus Young
Commodore

From Societe Nautique de Geneve on 4 October 2009 to Golden Gate Yacht Club

Mr. Marcus Young Commodore
The Golden Gate Yacht Club
#1 Yacht Road
San Francisco
California 94123
USA
4 October 2009
33rd America’s Cup
Dear Commodore,

I refer to your letter of 1 October 2009.

It has been almost two months since SNG notified you, before the required date, of its selection of Ras al Khaimah as the venue for the 33rd America’s Cup Match, in compliance with the Order of the Court dated 7 April 2009.

Up until your letter of 1 October you have knowingly allowed the Defender and the venue authorities at Ras al Khaimah to spend considerable sums and enter into significant third party contracts before making known your objection and initiating yet another legal action. You have also deliberately withheld your objection until SNG’s representative team, Alinghi, had shipped its yacht and equipment, and had flown its personnel, to Ras al Khaimah in preparation for the match. This latter action is yet another example of the 'unsportsmanlike behaviour' of your club and its representative team, BMW Oracle Racing.

The venue and its selection by SNG comply fully with the New York Supreme Court Order of 7 April 2009 as to location and the other requirements of the Deed of Gift

Your claims as regards the Deed of Gift prevailing over the Order of the Court are inconsistent and self serving. This is demonstrated by the fact that your position on the venue is now in direct conflict with your submissions to the Court as to the date of the match in respect of the same Court Order. It is also in conflict with public statements made by Russell Coutts and Tom Ehman to your sponsors and the media.

Your concerns as to safety of the venue are unfounded. Your team’s CEO and skipper Russell Coutis — co-designer of the RC 44 and founder of the Class — introduced his one-design racing series in 44ft boats to the UAE a number of years ago. Your representative team, BMW Oracle Racing, is planning to race in November this year in the Dubai RC44 Gold Cup 2009. Other international sports take place safely in the country: Tiger Woods plays a PGA Golf Championship every year in the UAE and is designing a course in Dubai. ATP and WTA have tennis tournaments in Dubai and Abu Dhabi (including regular players from America such as Andy Roddick or the Williams sisters). Last but not least, Oracle, the company of your principal sponsor Larry Ellison, has its Middle East headquarters in Dubai and a number of businesses in the region.

Crime statistics demonstrate that the venue is far safer for members of your team than your own city, or indeed the venue you promote. Your complaints are again self- serving and not truly held by you, further demonstrated by the fact that you have relocated personnel to Ras al Khaimah and have equipment at the venue in preparation for the match.
SNG expects you to race the match at the selected venue, or forfeit.

Yours sincerely,

Fred Meyer
Vice-Commodore
and Chairman of America’s Cup Committee

Alec Tournier
General Secretary