America's Cup dates locked and loaded by Supreme Court Order

by Richard Gladwell on 9 Apr 2009
The dates for the 33rd America's Cup, if it is to be a Deed of Gift Match have been determined by the New York Supreme Court.

Following the successful Appeal by Golden Gate YC, confirming Justice Herman Cahn's original decision, the date has been set at ten months from the date of the order, 7 April 2009, meaning that the date for the first race is 8 February 2009, with the second race, two business days later, and the third if required is two business days after that.

The Order was entered by the Clerk of the Court, today, giving it legal effect.

The Supreme Court has also determined that the venue should be Valencia, Spain, or some other venue nominated by the Defender, no less than six months before the first race.

The parties may engage in a Mutual Consent process to decide other dates and conditions, including the admission of other challengers.

It is expected that this process could take up to two months, at the end of which if there was no announcement, then it could be assumed that there was no Mutual Consent and a Match in multihulls would take place.

That being so, the chances of consequent litigation was placed by one source as being 'high' and the subsequent litigation would run for another two years, placing the next multi-challenger event at 2014 or 2015 (assuming a two year lead-in process).

The requirement of the Deed of Gift for the Match to be held after 1 May if stage in the the Northern Hemisphere is still contestable, as it is in conflict with the date named by the Supreme Court. That date will remain in place, unless challenged by one of the parties.