British America's Cup challenger files Amicus Curiae brief

by Sail-world.com/uk on 9 Jan 2009
Like the old joke that 'no buses come along for ages and then three come together'. Amici curiae have been queuing up at the New York Court of Appeals in Albany, New York, as the date for the Oral Arguments to be heard approaches - February 10, 2009.

First came one from the New York Yacht Club, backed up by a second from the San Diego Yacht Club - two of the five Trustee clubs - who have held the America's Cup. Then Bill Koch - a former America's Cup winner - filed an Amicus Curiae brief, in support of the Golden Gate Yacht Club.

Now the Royal Thames Yacht Club, together with Team Origin, the British Challenger for the 33rd America's Cup, has filed a request with the New York Court of Appeals to accept an Amicus Brief as a 'friend of the Court' in support of the Société Nautique de Genève.

The purpose of this latest Amicus Brief is to request the Court to confirm the order of the Appellate Division, overturning the earlier decision of Justice Cahn declaring Club Náutico Español de Vela´s (CNEV) challenge invalid and Golden Gate Yacht Club (GGYC) the Challenger of Record. And, thus allow the 33rd America's Cup to move forward as proposed in the latest Protocol document as issued by Alinghi, Club Nautico Español de Vela (CNEV) and the 19 Challenging Teams on the 22 December 2008.

Judicially, the lawyers for both sides will be given 30 minutes each to present their arguments on 10 February, with the judges then taking their time to hand down a decision that may take as long as three months - some believe that the judges may even return the case to Judge Herman Cahn.

Sir Keith Mills, Team Principal of Team Origin commented:

'Together with the Royal Thames YC, we have decided to issue this Amicus Brief today to make a very specific point that I feel has not yet been highlighted : notwithstanding the legal status and opinions about CNEV and the original Protocol document as issued back in 2007, the more significant point to note is that throughout the Royal Thames' and Team Origin's involvement in the 33rd America's Cup, CNEV in its capacity as the Challengers accepted 'Challenger of Record' has collaborated and engaged with us and the other 19 Challenging Teams in the development of a new, fair and improved Protocol.'

He continued 'We have invested considerable time and effort, expertise and expense along with Alinghi as Defender, CNEV and the other Challengers in the development of the latest Protocol and I firmly believe this will lead to the most inclusive and successful America's Cup we've ever seen . No one wishes to see all this good work undone at this advanced stage, nor the significant costs and time spent thus far wasted.'

Under the current schedule for the 33rd America's Cup, there are to be two pre-regattas in Valencia in 2009 - one in July and the other in October - the CNEV Regatta in November and the Americas Cup match in 2010.

The full list of entered teams is:

Alinghi, Société Nautique de Genève (SUI) - Defender
The Spanish Challenge Club Náutico Español de Vela (ESP) - Challenger of Record
Shosholoza, Royal Cape Yacht Club (RSA)
Team Origin, Royal Thames Yacht Club (GBR)
Team New Zealand, Royal New Zealand Yacht Squadron (NZL)
DCYC, Deutscher Challenger Yacht Club (GER)
Green Comm Challenge, Circolo di Vela Gargano (ITA)
Ayre Challenge, Real Club Náutico de Dénia (ESP)
Victory Challenge, Gamla Stans Yacht Skallskap (SWE)
Argo Challenge, Club Nautico Gaeta (ITA)
Mascalzone Latino, Reale Yacht Club Canottieri Savoia (ITA)
Team French Spirit, Yacht Club de St Tropez (FRA)
Luna Rossa, Yacht Club Punta Ala (ITA)
Russia Team - Fiona, Yacht Club Seven Feet (RUS)
Joe Fly, Società Canottieri Lecco (ITA)
K-Challenge, Cercle de la Voile de Paris (FRA)
Greek Challenge, N.O.K. Poseidon - Nautical Club of Kalamata (GRC)
Dabliu Sail Project (ITA)
China Team, Qingdao International Yacht Club (CHN)

Amicus curiae (plural amici curiae) is a legal Latin phrase, literally translated as 'friend of the court', that refers to someone, not a party to a case, who volunteers to offer information on a point of law or some other aspect of the case to assist the court in deciding a matter before it.

The information may be a legal opinion in the form of a brief, testimony that has not been solicited by any of the parties, or a learned treatise on a matter that bears on the case. The decision whether to admit the information lies with the discretion of the court.