GGYC and BMW ORACLE are going back to court. It’s been on the cards for a while, ever since the realisation that the all powerful Deed of Gift doesn’t really work too well when mutual consent missing in action. The new brief gives an insight into what might be contained in the ‘secret agreement’ between SNG and ISAF, with large slabs of the document missing – blocked by the confidentiallity imposed by the last court decision.
Anyway… here is the statement
We have asked the Supreme Court of the State of New York to take several steps to ensure that the 33rd America’s Cup is run in accordance with the Deed of Gift.
Our reasons are clear: Recent actions by Société Nautique de Genève (SNG) to unfairly manipulate the rules continue their disturbing pattern of misconduct as Trustee of the oldest trophy in sports.
In today’s motion, Golden Gate Yacht Club (GGYC) seeks to hold SNG to its commitment to the Court not to issue rules that disqualify GGYC, as their measurement rules would do.
GGYC is also seeking to require SNG to issue rules for the America’s Cup match that comply with the Deed’s requirements. GGYC also seeks to make public the still-secret agreement SNG entered into with the International Sailing Federation (ISAF).
Specifically, with today’s motion GGYC has asked the Court to direct that:
- GGYC’s challenge vessel needs only to “not exceed” its challenge certificate dimensions, and that a precise match of dimensions is not required by the Deed.
- When measuring length on load water-line (LWL), rudders shall not be included. SNG is trying to subvert over a century of America’s Cup practice, as well as standard ISAF measurement procedures.
- LWL length shall be measured with the maximum weight that the competing vessels will carry while racing.
- The match shall be conducted in accordance with the ISAF rules (except for rules restricting vessel design, including racing rules 49-54 which the court has already held are in conflict with the Deed), and that any changes to those rules can only be made with the consent of GGYC and with the required approval of ISAF.
- With regard to the secret agreement SNG has with ISAF, that the court-ordered confidential treatment be removed so that it can be made public.
Today GGYC also filed an appeal of the court’s July 29, 2009 decision.
We remain excited about racing for the 33rd America’s Cup in February 2010 and are moving full speed ahead with our preparations – even as we continue our fight for fair and competitive rules.