New York Appellate Division court ruled unanimously against an appeal from Societe Nautique de Geneve to reinstate Ras Al Kahimah as the venue for the upcoming America's Cup races, and again unanimously against SNG's position on BMW Oracle's rudders with regards to measurement. The BMW ORACLE Racing team has departed San Diego for Valencia in preparation for February's 33rd America's Cup Match.
Golden Gate Yacht Club: The focus for the 33rd America's Cup is now squarely on Valencia, Spain. Today, the Appellate Division rejected the defender's second attempt to have Ras Al Khaimah, UAE, host the February match.
"This is a big stride forward," commented Tom Ehman, Golden Gate Yacht Club spokesperson. "In place of doubt and delay, the sailing world wants certainty. It wants to see this contest to go-ahead soon and be contested under fair rules."
The New York Supreme Court ruled on October 30th that Ras al Khaimah did not comply with the Deed of Gift, a decision upheld by the Appellate Division in a unanimous verdict.
The Court also turned down SNG's second attempt to have rudders included in the crucial Load Water-Line measurement calculation. This has never occurred in the 32 previous America's Cup matches and won't happen in the 33rd.
"With the International Sailing Federation re-drafting the previously unbalanced and unfair agreement it struck with Societe Nautique de Geneve, and discussions continuing to normalize the Notice of Race, the common-sense approach to the remaining issues in this America's Cup is prevailing," added Ehman.
SNG: The Appellate Division of the New York Supreme Court today upheld Justice Kornreich's decision of 30 October 2009 that disqualified the America's Cup Defender Societe Nautique de Geneve's choice of Ras Al Khaimah in the United Arab Emirates as venue for the 33rd America's Cup. The four-judge panel also upheld Kornreich's decision to exclude rudders from the measurement of the load waterline length of the race yacht.
"Once again BMW Oracle's strategy to try to win the America's Cup in court instead of on the water has been successful. For the first time in the history of the America's Cup the Defender has been stripped of its fundamental right to select the venue. Societe Nautique de Geneve accepts this decision and Alinghi is looking forward to racing for the America's Cup on the water in Valencia, Spain, in February 2010," said Fred Meyer, SNG vice-commodore.
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