Justice CAHN of the New York Supreme Court will issue a new court order to decide the dispute over the dates of the 33rd America's Cup Match.
At a New York Supreme Court hearing on Wednesday 2 April, Justice Herman Cahn heard arguments from both the defending club Société Nautique de Genève (SNG) and the challenger Golden Gate Yacht Club (GGYC) regarding the dates for the 33rd America's Cup.
With the two parties unable to agree on a protocol, the 33rd Cup will be decided by a best-of-three race Match under the guidelines identified in the Deed of Gift, the document which governs the America's Cup. The GGYC, who as challenger can set the date provided a 10-month notice period, want to race in October 2008 (their challenge was originally made in July 2007), whilst the SNG argue this 10-month notice period was 'tolled' until the end of the previous court proceeding and therefore no Match should take place before May 2009. During the hearing, the court asked SNG's lawyer to disclose the location of the match, but he declined to do so.
After hearing arguments from both Defender and Challenger yesterday, Justice Cahn indicated that he would issue a new court order that sets the dates for a Deed of Gift Match.
Lucien Masmejan, SNG lead counsel, issued the following statement: "We believe Justice Cahn was receptive to our arguments that there is a tolling period during the legal process that suspends preparations towards an America's Cup Match until a court order is issued. The Deed of Gift stipulates a 10-month notice period which should be suspended during the legal procedure, therefore the only feasible date for this competition is after 1 May 2009 due to the restrictions for racing in the Northern Hemisphere imposed by the Deed. It is unfortunate that we do not yet have a date for the 33rd America's Cup as this means we are still not in a position to properly prepare our defence. Justice Cahn agreed that the fight for the America's Cup must be on the water in a proper sporting competition and not in court. We hope for a favoyrable outcome shortly."
Tom EHMAN, spokesman for the GGYC said, "It was apparent that Justice Cahn understands that the Deed only provides for the defender to have 10-months notice to prepare for the match. We were very pleased with the hearing. We continue to look forward to a match in October 2008."
"The sooner we race the Deed of Gift match the sooner we can get back to a conventional, multiple challenger America's Cup,"