Judge Still to Rule on Rules to Determine Who’s Boat Will Rule.


So… America’s Cup. Court case. Lawyers. Judge. Deed of Gift and all that. Justice Kornreich yesterday sat and listened to GGYC and SNG explain their latest reason for being inside a New York courtroom and not out on the water.

The outcome – well GGYC said that the day gave them enjoyment, pleasure and also gave to them satisfaction; they were glad and contented or to use the PR word – they were pleased. Their  statement read:

We are pleased that the Court will provide clarity on the rules before we complete our challenging vessel for America’s Cup 33.

The statement went on to say:

The Court reserved her decision whether an engine and moveable ballast can be used. Justice Kornreich understood that we need to know the rules before we can complete our challenging vessel and then submit our Custom House Registry (CHR). The Defender was compelled to turn over to the Court the secret agreement with International Sailing Federation (ISAF). On questioning from the Court, Société Nautique de Genève (SNG) agreed to return to mediation, a process we have supported throughout our challenge. We look forward to Justice Kornreich’s decision in the next few weeks, and to racing for the America’s Cup in February 2010.

Meanwhile Alinghi, via their new-found social media platforms were pushing out great photos of their new toy and their happy smiling team. While Tom Ehman has been playing to a friendly, pro-american crowd on the message boards, the Swiss Team have been adding Twitter feeds, flickr accounts and other new-media to their communications arsenal.

It was left to Skipper Brad Butterworth to be quoted on the events in New York. His statement read:

“It’s good that Justice Kornreich denied the Golden Gate Yacht Club’s (GGYC) request to hold the America’s Cup defending yacht club, Société Nautique de Genève (SNG), in contempt of court, but it doesn’t come as a surprise because there were no grounds for such an action.

Justice Kornreich showed a great deal of knowledge of the file and the case and while she reserved her decision, she made it crystal clear that the provisions of the Deed of Gift put no restriction on yacht design. She also asked both sides to return to the mediation that the GGYC halted with this new litigation attempt.

We are ready and willing to continue discussions with them and will work on providing clarity with regards the 33rd America’s Cup as far as rules and measurement procedures go; always within the framework of the Deed of Gift and SNG’s rules. We are determined to get the competition on the water and out of the courtroom once and for all.”

So we wait some more. The issue of the venue is yet to be resolved and it seems that pending the Judges ruling, the teams will be able to use any technology imaginable to win the race. Meanwhile, in the real world there is some fantastic yacht racing happening…