So GGYC and SNG were back in a New York court yesterday. This time, the fight was about when the American team has to present its paperwork and clarify whether the boat commonly known as BOR will be the one that is used in the Deed of Gift Match scheduled for February.
The lawyers did their thing and it seems that the trimaran is indeed the boat that GGYC will use. It will be renamed USA and the documents will be submitted.
The two sides issued statements etc…
The statement of the Golden Gate Yacht Club, by spokesman Tom Ehman reads:
We are very satisfied with today’s court session and the discussion around the Custom House Registry.
We’re pleased to publicly confirm that the BOR 90 – which will continue to undergo modifications – is the boat that will compete for the 33rd America’s Cup in 2010.
It’s now clear that we can continue to modify the boat after submitting the CHR. Société Nautique de Genève asserted, once again, that they would not use the rules to disqualify our boat.
We look forward to the Judge’s decision.
The SNG statements goes like this:
“We are pleased that after almost two years of withholding the information, counsel for the GGYC disclosed in Court today that the boat BMW Oracle has been sailing for almost a year is USA, their America’s Cup challenging vessel. USA must match the dimensions listed in GGYC’s Certificate of Challenge. While the judge reserved her ruling on when the GGYC must issue the Custom’s House Registry, we are confident that the Court will uphold the Deed of Gift.
We are pleased to have a further degree of certainty regarding the GGYC boat and we look forward to the 33rd America’s Cup in February 2010 in Ras al-Khaimah,” said Lucien Masmejan, lead counsel for the SNG. “As we told the Court, our goal is to have an exciting race on the water and we are willing to assist the Challenger with any queries it has with regards the measurement procedures so that we and GGYC can be sure USA matches the dimensions in the Certificate of Challenge. We want to get the America’s Cup back to the water and out of the court,” he added.
Given the predisposition for litigation, the teams may well be back in the courts to determine if the UAE venue selected by Alinghi and SNG is legal. Of course Santa Claus might give them both a box of ‘mutual consent’ for Christmas and they might go sailing.