America's Cup Defender hints at action over 'unsportsmanlike' comment

by Richard Gladwell on 24 Sep 2009 America's Cup Defender, Societe Nautique de Geneve have hinted, through their legal counsel, Barry Ostrager that the International Sailing Federation could take action against Golden Gate Yacht Club following the comments made by Justice Shirley Kornreich suggesting that the Challenger had engaged in unsportsmanlike behavior

In a story in the US legal news website www.law.com, a story has been posted commenting on the continuing America's Cup saga and how beneficial it has been for the the involved US law firms.

The closing paragraphs of the short commentary, flick onto the 'unsportsmanlike' comment and features a response from Ostrager:

'The August 10 hearing focused on Société Nautique's claim that Golden Gate had improperly delayed providing it with a description of the boat it plan to sail. Judge Kornreich ruled that Golden Gate had engaged in 'unsportsmanlike behavior.' Still, she concluded that Golden Gate's actions thus far are not contrary to the law or sanctionable in the limited forum of the state court.'

'Simpson's Barry Ostrager told us in a phone interview Wednesday that sailing's sanctioning bodies could take up the judge's claims of 'unsportsmanlike behavior' and penalize Golden Gate independently. He also pointed out that at least five more applications have been filed with the court since July challenging various elements of the upcoming Cup.'

To read the full commentary http://www.law.com/jsp/tal/digestTAL.jsp?id=1202434015113&Another_Tack_in_the_Americas_Cup_Legal_Squall!click_here

It is not known what powers the International Sailing Federation actually have in regards to an event that is still four months away from being sailed, and for which a specific Notice of Race has not been issued and International Jury has not been announced.

However it would seem that ISAF's Racing Rules of Sailing, specifically RRS69.2 do provide a process that can be initiated by the world body when it 'receives a report alleging a gross breach of a rule, good manners or sportsmanship .... it may conduct an investigation, and when appropriate shall conduct a hearing.' Such a report can be lodged by anyone.

The rule then goes on to describe disciplinary and punitive action that can be taken against a competitor or boat who is found to have infringed.

For their part, BMW Oracle Racing and Golden Gate YC have separately noted that Justice Kornreich's 'unsportsmanlike' comment was not supported by any fact, and may well have been inadvertent.