The Avalanche Rolls Forward

Justice Kornreich of the New York Supreme Court informed the America’s Cup defending yacht club, Société Nautique de Genève, and the challenging Golden Gate Yacht Club today via telephone conference that she will not hear the American challenger’s complaint regarding the ‘constructed in country’ requirement of the Deed of Gift before the 33rd America’s Cup [...]

29th January 2010.
By Kimball Livingston

Justice Kornreich of the New York Supreme Court informed the America’s Cup defending yacht club, Société Nautique de Genève, and the challenging Golden Gate Yacht Club today via telephone conference that she will not hear the American challenger’s complaint regarding the ‘constructed in country’ requirement of the Deed of Gift before the 33rd America’s Cup Match which is scheduled to begin on 8 February.

This means the 33rd America’s Cup is free to proceed as ordered by previous New York rulings: in Valencia on the 8, 10 and 12 February.

“This is excellent news. We are delighted that BMW Oracle’s attempts to disqualify Alinghi and to win the America’s Cup in court have been denied. We look forward to meeting them on the start line here in Valencia on 8 February to race for the Cup; something they can no longer try to avoid,” said Ernesto Bertarelli – two-time America’s Cup winner – on hearing the news when returning ashore after today’s race training session.

Editor’s Note: What is above is a straight cut and paste from Alinghi. I don’t hear them saying that the judge couldn’t hear the complaint after the match . . .

And Tom Ehman, speaking for the BMW Oracle Racing team, reports that the court’s heavy calendar prevented them from expediting. He writes: “It is unfortunate that the legality of Alinghi’s American-made sails probably will not be decided before the Match. However, it will be decided eventually.”


About the author:

Kimball Livingston

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Kimball Livingston is a former senior editor, and now editor-at-large, for SAIL. His work also has appeared in Sailing World, Cruising World, Soundings, and more. Over three years, Kimball sailed the Centennial Transpacific, Centennial Newport-Bermuda, and 100th Chicago-Mac. His blog posts appear courtesy of his website www.KimballLivingston.com.
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