The New York Supreme Court today ruled that the 33rd America's Cup, scheduled in February 2010, must take place in a venue in the Southern Hemisphere as per the strict reading of the competition's governing document, the Deed of Gift, or in Valencia, Spain, as the only exception to that rule.“This is a disappointing result as we were certain that Justice Cahn's May 2008 decision allowed the Defender to chose Valencia or ‘any other location',” said Lucien Masmejan, Société Nautique de Genève (SNG) legal counsel. “Ras Al Khaimah has put enormous time and effort into this 33rd America's Cup project. We thank them and feel sorry for this unexpected result out of the New York court”.
“We are satisfied, however, as Justice Kornreich confirmed that the Deed of Gift Match will be conducted under SNG rules as she had already ruled in a previous court order,” added Lucien Masmejan.
GGYC replied to the decision: "We're pleased with the court's decision today that Alinghi's choice of the venue for the 33rd America's Cup was not allowed under the Deed of Gift. We look forward to Justice Kornreich's decision later this week regarding two additional issues. First, we hope she will agree with our position that Alinghi cannot add additional ballast, equipment or sailors to the boat after it has been measured for compliance with the Deed of Gift's restriction on length along the load water line. Enabling any team to add additional weight after measurement - thus lengthening its load water line and increasing its speed - violates the Deed of Gift, decades of sailing practice, and the spirit of the rules that govern the America's Cup.
Second, Justice Kornreich understands the need for a fair and impartial jury. Our position is that the sailing jury must have the normal powers to adjudicate. We remain motivated to negotiate all remaining issues with Alinghi to ensure a fair, competitive and successful America's Cup in February 2010. We took a big step towards this goal today. "
Second, Justice Kornreich understands the need for a fair and impartial jury. Our position is that the sailing jury must have the normal powers to adjudicate. We remain motivated to negotiate all remaining issues with Alinghi to ensure a fair, competitive and successful America's Cup in February 2010. We took a big step towards this goal today. "
