The New York Supreme Court yesterday 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.
The latest court action comes ahead of a hearing scheduled to be held in the New York Supreme Court today, where the Golden Gate Yacht Club will argue the selection of Ras al-Khaimah in the UAE as the venue for the 33rd Match contravenes the provisions of the Deed of Gift.
Statements from the Golden Gate Yacht Club, and the response from Société Nautique de Genève are below.
Statement from the Golden Gate Yacht Club:
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.
Statement from Société Nautique de Genève:
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.
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