America's Cup Defender refutes claims made over negotiations

by Richard Gladwell and Alinghi Media on 18 Jan 2010 The Defender of the America's Cup, Société Nautique de Genève, has replied to the Challenger, Golden Gate Yacht Club's letter, written to SNG Commodore, Pierre-Yves Firmenich regarding the recent meeting in Singapore, following which, a member of the Alinghi negotiating team made accusations that it was GGYC who had withdrawn the settlement offer made.

GGYC lodged a motion with the New York Supreme Court mid way through the two day meeting held in Singapore, held with two representatives from both the Challenger and Defender and the International Sailing Federation.

Despite apparently rejecting the settlement offer and proceeded with organisation of the Deed of Gift Match on 8 February 2010 in Valencia. In this latest move SNG offer to re-open those talks in exchange for a dropping of the latest Court action by GGYC. Settlement of that issue was an integral part of the resolution package offered, along with all other outstanding Court action. Part of that Resolution Package was believed to be deferral of the regatta for at least a month.

The Swiss club issued the following statement:

'None of us were in Singapore and we both have to rely on the reports we received from our teams. Your accusation against a highly respected sailor is without grounds and very unfair. GGYC’s representatives clearly bear the substantial responsibility of the negotiations’ failure. While Alinghi representatives were acting in good faith in Singapore, GGYC lawyers filed a factually and legally baseless motion with the New York Supreme Court on a topic (Constructed in Country) that was a subject of those negotiations…'

The full text of the letter is as follows:

Mr. Marcus Young Commodore
The Golden Gate Yacht Club
#1 Yacht Road
San Francisco
California 94123
USA

17 January 2010

33rd America’s Cup

Dear Commodore,

This responds to your letter dated January 15, 2009. None of us were in Singapore and we both have to rely on the reports we received from our teams. Your accusation against a highly respected sailor is without grounds and very unfair. GGYC’s representatives clearly bear the substantial responsibility of the negotiations’ failure.

While Alinghi representatives were acting in good faith in Singapore, GGYC lawyers filed a factually and legally baseless motion with the New York Supreme Court on a topic (Constructed in Country) that was a subject of those negotiations.

This GGYC court filing was the cause of the failure of the negotiation and is further evidence of GGYC’s bad faith conduct.

It is not the first time that your representatives show a lack of good faith. On November 9, 2009, your representatives took the opportunity of settlement talks at your lawyers’ offices to serve the new breach of trustees law suit!

SNG acknowledges your statement that GGYC would like to negotiate further, and we confirm that SNG would be prepared to do so provided that GGYC withdraws its baseless Constructed in Country motion. The America’s Cup should be decided on the water not in the courts.

Yours sincerely,

Fred Meyer
Vice-Commodore / America’s Cup Committee Chairman

Alec TournierGeneral Secretary
Cc. Pierre-Yves Firmenich