Constructed in Country

Société Nautique de Genève (SNG), the 33rd America's Cup defending yacht club, today presented its opposition arguments to the New York Supreme Court in response to Golden Gate Yacht Club's (GGYC) ninth lawsuit; a misguided interpretation of the ‘constructed in country' (CIC) requirement of the Deed of Gift, the event's governing document. SNG's comprehensive set of papers reaffirms its interpretation that only the ‘yacht or vessel' has to be constructed in the country of the club holding the Cup, and that sails do not.

SNG's affirmations are supported by historical precedent, as reflected in the expert declaration of John Rousmaniere, a leading America's Cup historian, ‘the donors of the original Deed of Gift never contemplated limits on foreign sails or foreign sail technology. Those donors, in fact, hoisted British sails in first winning the Cup with the schooner America. In fact, in adding the CIC clause to the Deed in 1882, George Schuyler, the last surviving donor, sought to ensure that the Cup remained a genuinely competitive event, while preserving the Cup's international character. He thus struck that balance by limiting the CIC requirement only to a competing vessel's hull, but not its sails.'

Additional documents presented to the court confirm that GGYC's CIC claim is factually wrong: SNG's sails were constructed in Switzerland and this fact is supported by an affidavit from Tom Whidden, president of North Sails, and an official certificate of Swiss origin from the Swiss Chamber of Commerce.

“SNG is certain of our yacht's Deed compliance, including the ‘constructed in country' provision and our interpretation is supported by the language of the Deed, historical precedent, and by the Cup donor's intentions,” said Fred Meyer, vice-commodore of SNG. “In any event, GGYC's CIC claim is factually wrong and we have submitted to the court substantial evidence proving that our sails are Swiss made. It is our view that we should go racing on 8 February. GGYC should end their legal strategy to try to delay the Cup and to try to gain competitive advantage over the Defender and should proceed with the competition on the water. If they wish, however, to pursue their latest lawsuit, then the judge should have a close look at BMW Oracle's yacht, which does not comply with GGYC's own interpretation of the Deed,” he concluded.

‘Constructed in country' counter motion

In parallel to the opposition papers, SNG has presented a counter motion stating that, should GGYC's interpretation of the CIC in the Deed of Gift be validated by the Court, then its own boat would be illegal. Affidavits from a number of leading experts in the field of yacht design, such as Duncan MacLane and Nigel Irens, support the fact that GGYC's trimaran is in fact a French-designed boat and not American, as supported by photographic exhibits the boat also includes a number of non-American constructed elements. In addition, BMW Oracle's yacht is not even a sloop, propelled by sails, with a main and a jib, as declared in the American club's certificate of challenge, but a wing-mast rig.

SNG's set of documents showcases how this latest motion by GGYC is in contravention of the spirit of the Deed of Gift and how Larry Ellison's yacht club has forgotten the call for friendly competition between nations.

The Nineth Lawsuit!

While Brad Butterworth, Alinghi skipper and Société Nautique de Genève representative, was in Singapore engaged in good faith discussions to resolve remaining issues ahead of the 8 February America's Cup Deed of Gift Match in the presence of David Tillett, the chairman of the ISAF America's Cup Jury, and David Kellett, the ISAF representative, BMW Oracle unilaterally aborted talks by filing their ninth lawsuit against the Société Nautique de Genève at the New York Supreme Court seeking to disqualify the Defender from the upcoming Match.

“BMW Oracle has already successfully disqualified 18 teams through the US courts to gain access to the Match, now they are seeking to win the Cup without ever racing for it,” said Brad Butterworth. “This latest lawsuit has come as a shock given we were planning a further meeting to finalise discussions today, it demonstrates extreme bad faith. Clearly they are not ready to race. They have completely disregarded the jurisdiction of the ISAF America's Cup Jury, which they sought so hard to have instated, and have instead reverted to the New York courts where they clearly feel they have a greater chance of success,” he added.

SNG's defending yacht has been constructed in Switzerland in compliance with the provision of the Deed of Gift. SNG disagrees with GGYC's interpretation.

BMW Oracle's statement that Alinghi will be using USA-made sails is wrong. The sails for the Match have been constructed in a sail loft in Villeneuve, Switzerland. Furthermore, the 3DL process of making sails is subject to Swiss intellectual property rights. The inventors of the process, Jean-Pierre Baudet and Luc Dubois, are two Swiss engineers. Every challenger and defender for the America's Cup since 1995 has used 3DL Swiss technology based sails.
“BMW Oracle's attempt to derail the America's Cup, and disregard ISAF's jurisdiction, and their continued unsportsmanlike behaviour is unacceptable,” said Fred Meyer, SNG vice-commodore. “Alinghi is ready to race on the 8 February as mandated by the 7 April 2009 court order,” he added. “We won the right to defend the America's Cup on the water by winning the 31st and 32nd editions, we want to go racing, we do not want the outcome of the America's Cup determined in court,” he concluded.

Sailing Instructions - Notice of Race

The Société Nautique de Genève, the 33rd America's Cup defending yacht club, today published a draft version of the Sailing Instructions for the 33rd America's Cup Deed of Gift Match due to start on the 8 February. This draft document has been sent to the challenger and may be discussed at the meeting between the two teams in the presence of the ISAF AC Jury Chairman, David Tillett, in Singapore on 12 January.

Please click here to read the draft Sailing Instructions for the 33rd America's Cup Match.

Also published, draft amended 33rd America's Cup Notice of Race

SNG also published a draft of the amended 33rd America's Cup Notice of Race incorporating the New York Supreme Court's recent decisions and following discussions with GGYC/BMW Oracle Racing representatives in Sydney on 15 December 2009.

Please click here to read the draft amended 33rd America's Cup Notice of Race.

Geoff Holt

Geoff Holt has become the first quadriplegic to sail across the Atlantic. He has sailed the 2,700 mile journey across the Atlantic on a 60ft purpose built catamaran Impossible Dream, unassisted in every aspect of the sailing.

It has taken twenty eight days in total from his departure in Lanzarote to the arrival and emotional return to Cane Garden Bay where he will revisit the place of his accident that paralysed him 25 years ago.

This is the fourth time Geoff has sailed the Atlantic, but the first since his life changing accident in 1984 which left him paralysed from the chest down.

Geoff and Impossible Dream successfully arrive in Cane Garden Bay, Tortola British Virgin Islands, thus completing his Personal Atlantic voyage. BBC Radio and News making contact with Geoff for arrival interviews as Geoff is reunited with his family.

Giants Arrive in Valencia

In the early hours of Monday, BMW Oracle Racing's race boat arrived in Spain as the team completes its move from San Diego back to Valencia for the 33rd America's Cup next month.
The "Oceanlady" cargo ship arrived in the commercial port of Valencia after 20 days at sea, carrying the BOR 90, the trimaran the team has built to challenge for the Cup.

The "Oceanlady" transported approximately 200 tonnes of equipment from the team's training and development base in San Diego, including the BOR 90 trimaran, the main element of the wing sail, four custom made boxes containing the wing flaps, spare masts, 19 shipping containers, and 10 other boats (RIBs etc.).
The ship was unloaded over the course of the day. With the BOR 90 trimaran, the wing sail and the other cargo now safe on shore, the trimaran and all of its components will undergo a thorough work-up by the shore team to ensure the boat is match fit before the Valencia training session begins.

The 33rd America's Cup defending team, Alinghi, arrived in Valencia, Spain the next day and will transfer to its existing base in the Darsena (the inner harbour of Valencia) over the next couple of days to begin its final preparations towards the Deed of Gift Match that starts on 8 February. The team's catamaran Alinghi 5, the masts and 20 support containers reached their final destination aboard the Cassandra B container ship on Monday afternoon after a 14 day voyage from the team's previous base in Ras Al Khaimah in the United Arab Emirates.