America’s Cup Teams at the Mercy of BMW ORACLE after GGYC Win Court Case 4


The fate of hundreds of people employed in the business of the America’s Cup hangs in the balance today as the New York Court of Appeals overturned the Appelat Division ruling and found that Club Nautico Espanol De Vela is not the valid Chalenger of Record for the 33rd America’s Cup.

The decision means that work by the Defender Alinghi and 19 other teams to develop a new Cup protocol, boat design and schedule for multi-challenger event are all on hold until the US team announce their intentions. Before any multi-challenger campaign can take place, a one-on-one match race between giant multihulls needs to happen.

The decision hinged on the fact that CNEV had not held an annual regatta at the time it submitted its challenge. The ruling states

“Since CNEV has failed to show that at the time it submitted its Notice of Challenge it was a “[club fulfilling all the conditions required by” the Deed of Gift, it does not qualify as the Challenger of Record for the 33rd America’s Cup competition and Supreme Court was correct in declaring GGYC to be the valid Challenger of Record.

Teams like Emirates Team New Zealand and the UK’s Team Origin will have to wait until BMW ORACLE and Alinghi settle their differences on the water. Some teams may not survive the delay.

appeal-ruling – 2nd april 2009.

  • You would have to think that both teams could have been using this time to be preparing the PR for both outcomes. Or are they both so arrogant to think that they would not have been in this position.

    Both should have statements ready to go and be ready to move on. The rest of the sailing industry deserves to know their fate as soon as possible.

  • Judge said: “It has been posited that the right to act as trustee of the America's Cup should be decided on the water and not in a courtroom. We wholeheartedly agree. It falls now to SNG and GGYC to work together to maintain this noble sailing tradition as “a perpetual Challenge Cup for friendly competition between foreign countries”.

    Does that mean we should go back to nationalistic teams. Too much to hope for.

  • You would have to think that both teams could have been using this time to be preparing the PR for both outcomes. Or are they both so arrogant to think that they would not have been in this position.

    Both should have statements ready to go and be ready to move on. The rest of the sailing industry deserves to know their fate as soon as possible.

  • Judge said: “It has been posited that the right to act as trustee of the America's Cup should be decided on the water and not in a courtroom. We wholeheartedly agree. It falls now to SNG and GGYC to work together to maintain this noble sailing tradition as “a perpetual Challenge Cup for friendly competition between foreign countries”.

    Does that mean we should go back to nationalistic teams. Too much to hope for.