Following the latest court ruling on 12 May, the 33rd America's Cup Match seems certain to take place in 2009 - but will it be in March or in May.
Justice CAHN's decision, affectively a victory for the Defender who had argued that the mandatory ten-month notice period was 'tolled' during court proceedings, indicated that the first match of a best-of-three series would take place on 12 March 2009. He also ordered that the venue would be Valencia, Spain or any location selected by the Defender, the Société Nautique de Genève (whose team is Alinghi). However, the Deed of Gift (the document that governs the Cup), states no race shall take place in a Northern Hemisphere venue from 1 November-1 May.
Alinghi has responded to the decision by asking the court for clarity on the date issue.
Lucien MASMEJAN, lead counsel for the SNG, explained their position: "The order issued by Justice Cahn on 12 May 2008 contains some positives for Alinghi, but the language is ambiguous as it fails to recognize that a Match cannot happen in the Northern Hemisphere in March as per the Deed of Gift. The Golden Gate Yacht Club (GGYC) specifically conditioned its challenge on a Northern Hemisphere match and SNG has always contemplated a Northern Hemisphere match either in Valencia or another location.
"Conscious that time is of essence, and to clarify this inconsistency SNG has been successful in consolidating its appeal on the date issue with its previously filed appeal contesting the validity of GGYC as Challenger of Record. All issues will be heard by the Appellate Division on 5 June 2008."