The New York State Supreme Court has again ruled in favour of the Golden Gate Yacht Club in the legal battle surrounding the 33rd America's Cup, denying both challenges to its original ruling by the Societe Nautique de Geneve .
The latest court ruling now makes it almost certain that A Deed of Gift match will decide the 33rd America's Cup, with the defending club, the Societe Nautique de Geneve (SNG) and the challenger, the Golden Gate Yacht Club (GGYC) having previously failed to agree a mutually acceptable protocol.
On 18 March Justice Herman Cahn of the New York State Supreme Court issued an order denying two challenges from the America's Cup Defender against the court's original ruling. The original ruling, made on 28 November 2007, said the challenge by the Club Nautico Espanol de Vela for the 33rd America's Cup was invalid, and in their place inserted the GGYC as challenger. The SNG challenged both this original ruling, and the validity of the GGYC's challenge under the Deed of Gift, but the court ruled both challenges invalid.
"We are very pleased with this decision. The Court has ruled that our challenge complied fully with the Cup's Deed of Gift, and we are now keen to keep moving forward towards the next regatta,"
Tom EHMAN, the GGYC's spokesman said.
In its order today the Court reconfirmed its 27 November decision that GGYC was the valid challenger for the Cup. The defender, Societe Nautique de Geneve (SNG), had filed a motion to reargue that decision based on a new claim that the American club's challenge was invalid under the Deed, but this was rejected by the court.
Lucien MASMEJAN, the lead counsel for SNG, issued the following statement from the defender: "Following today's court order, Larry ELLISON has eliminated the competition and gained access to the America's Cup Match, a feat BMW ORACLE Racing has never been able to achieve on the water. While we are disappointed with the outcome of this court order and believe that the matter of GGYC's certificate of challenge wasn't properly addressed, we have decided not to appeal the decision and we look forward to getting the fight back on the water and meeting BMW ORACLE Racing on the start line of a Deed of Gift Match in July 2009,"
Alinghi also indicated their intention to hold the 34th America's Cup in Valencia in 2011, should they win the Deed of Gift Match for the 33rd Cup.
"The challengers can be assured that the 34th America's Cup will be run with the same vision and commitment for a premiere multi-challenge sailing event that they supported in Valencia in 2007,"