[marokrile]

'Alinghi press conference in Ras Al Khaimah, preferred venue of 33rd America’s Cup. Sheikh Omar Bin Saqr Al Qasimi and Ernesto Bertarelli' Guido Trombetta/Team Alinghi
The current Defender of the America's Cup, Societe Nautique de Geneve, today revealed that it wants to return to race in Ras al-Khaimah (UAE) to contest the 33rd America's Cup in giant multihulls.

Far from trying to get the heat turned down on the legal action, the Swiss club have appointed a new firm of lawyers to represent them on the various actions, engaging Sullivan & Cromwell, their third in two years of litigation.

The Appellate Division of the New York Supreme Court today received the arguments from the Swiss club and advised that they would not be hearing oral arguments, and would make a decision on the papers alone.



Alinghi 5 sailing with a new longer mast off Ras al-Khaimah, UAE, awaiting the Appellate Division ecions on the venue for the next America’s Cup - Copyright ©_- Alinghi
Key points in the papers filed today by SNG related to argument that the rudders should be included in the measurement of the Load Waterline Length - a move that could have see the US Challenger from Golden Gate Yacht Club disqualified for exceeding the 90ft maximum stipulated in the Deed of Gift for the America's Cup.

Arguing that they had no choice but to name Valencia as venue in their Notice of Race issued on 6 November 2009, as that was the 'only permissible Northern Hemisphere venue under Justice Kornreich's erroneous October 30 order'

The SNG response continues 'If this Court, as it should, vindicates SNG’s legal right under the April 7 Order, and reverses the October 30 Order, then SNG will contest the Cup in RAK – a more temperate venue for a sailing race in February than Valencia.'

'Put simply, if the lower court’s ruling stands, SNG has lost its right to choose RAK as the venue for the 33rd America’s Cup. That loss would be particularly consequential here because RAK offers 'perfect weather and great sailing conditions in February,' making RAK a more suitable winter venue than Valencia for the world’s most famous sailing races.'

This response is quite contrary to the belief in yachting circles that the America's Cup was certain for Valencia, Spain starting on 8 February 2010. To date there has been no announcement of any hosting agreement with Valencia, although it is believed that some discussions have taken place.



It is believed that GGYC responded favourably to the SNG offer of a Match in an Australian venue - BMW Oracle Racing © Photo Gilles Martin-Raget Click Here to view large photo
Team Alinghi are still training in preferred venue of Ras al-Khaimah, and given the lack of a requirement for an oral hearing, it would seem that a decision will be forthcoming earlier than expected from the Appellate Division of the New York Supreme Court.

While many on the America's Cup sidelines believe the SNG argument will not be upheld by the Appellate Division, the club did win its major legal victory in the two year saga of litigation in this Court - a majority decision which was overturned 6-0 in the Court of Appeal in Albany.

If SNG wins again in the Appellate Division, then an Appeal is almost certain by Golden Gate YC, as happened in their action over the legitimacy of Club Nautico Espanol de Vela as the original Challenger (of Record) for the 33rd Match.

While the bets are probably only going to be on one horse in this legal race, the stakes are high for the 20 other teams whop entered the Multi Challenger version of the 33rd America's Cup. The remainder of the yachting world wishes to see and end to the litigation, for the event to be sailed and a clean winner found. The new Defender can then get on with the organisation of the 34th Match, which at this juncture can still be sailed in July/August 2011.

However if there is any delay to the staging of the 33rd America's Cup, then the 2011 date would not be achievable. The next window for an event is in almost four years time 2013, given that 2012 is Olympic year, for a European based Olympics, and would clash with the America's Cup.

That in turn would mean a six year gap between America's Cups and would probably put many of the professional teams out of business, as the current competition models are not believed to be financially sustainable for an America's Cup professional team that does not have an America's Cup in which to compete and provide an investment proposition and return to sponsors.

The compromise offer, was made by SNG in their media release announcing Valencia as the 'venue' on 10 November which read: 'While SNG confirms Valencia as the venue for the 33rd America’s Cup in February 2010, the offer to GGYC of an Australian venue for the same date remains on the table until 13 November 2009 provided GGYC agrees to withdraw all legal actions.'

It is believed that Golden Gate Yacht Club have responded very favourably to this initiative, however there has been no announcement of its acceptance by the Defending club.

Significantly in his annual Repport to the Council of the International Sailing Federation, the President, Goran Petersson (SWE) made no mention at all of the America's Cup crisis. To read the full text of that address click here

To read the full submission from Societe Nautique de Geneve click here



by Richard Gladwell 4:45 AM Sat 14 Nov 2009



http://www.sail-worl...uccessful/63271

[Peelman]

Interesting???

"The Appellate Division of the New York Supreme Court today received the arguments from the Swiss club and advised that they would not be hearing oral arguments, and would make a decision on the papers alone. "

[DRTB]

Peelman, on Nov 14 2009, 08:59 AM, said:

Interesting???

"The Appellate Division of the New York Supreme Court today received the arguments from the Swiss club and advised that they would not be hearing oral arguments, and would make a decision on the papers alone. "

Yeah, and interesting that everything I've been saying about the SNG appeal, violation of US/NY Trust laws, being forced to issue NOR for VLC by court rulings and return to RAK if successful is correct. :lol:

[LeeW]

Alinghi Wing Prototype photo
Hey, this just in from a possibly reputable source:

Attached File(s)

•  Alinghi_spy_photo.JPG (58.88K)
  Number of downloads: 105

[Gorn FRANTIC!!]

http://i363.photobucket.com/albums/oo80/KomodoRacing/facepalm.jpg

[TpaBayFlyFisher]

"Far from trying to get the heat turned down on the legal action, the Swiss club have appointed a new firm of lawyers to represent them on the various actions, engaging Sullivan & Cromwell, their third in two years of litigation.

The Appellate Division of the New York Supreme Court today received the arguments from the Swiss club and advised that they would not be hearing oral arguments, and would make a decision on the papers alone. "


Translation: EB has now hired the 3rd [or is it 4th] team of "World's best lawyers" to continue his astounding streak of legal defeats. EB has lost every litigated matter in connection with the 32 AC [not to mention his banking business litigation losses]. The court's refusal to allow oral argument in the latest appeal, shortly after refusing to stay the proceedings, is an unmistakable indication that the court will simply affirm EB's most recent defeat on the venue ruling. By chosing to litigate so many issues and losing them all, most observers feel that there is a likelyhood that SNG-EB will be replaced as trustees of the cup before year's end.

[ronnie_simpson]

TpaBayFlyFisher, on Nov 14 2009, 10:34 AM, said:

most observers feel that there is a likelyhood that SNG-EB will be replaced as trustees of the cup before year's end.[/size][/color]

all i want for christmas is...

[Oneyoti]

TpaBayFlyFisher, on Nov 14 2009, 11:34 AM, said:

most observers feel that there is a likelyhood that SNG-EB will be replaced as trustees of the cup before year's end.[/size][/color]

About blooming time in my opinion and I am sure an opinion that is shared by the vast majority of the sailing world.

INHO if they lose their appeal on RAK, they should lose the cup on the basis that they declined to defend it because they didn't name a venue 6 months prior to Feb 8th. The fact that they chose to metaphorically 'bang an edge' by naming RAK (4 DAYS BEFORE THE DEALINE), without clarifying JC's words, even though GGYC informed then that they would appeal RAK, is not sufficient mitigation.

[DRTB]

TpaBayFlyFisher, on Nov 14 2009, 11:34 AM, said:

"Far from trying to get the heat turned down on the legal action, the Swiss club have appointed a new firm of lawyers to represent them on the various actions, engaging Sullivan & Cromwell, their third in two years of litigation.

The Appellate Division of the New York Supreme Court today received the arguments from the Swiss club and advised that they would not be hearing oral arguments, and would make a decision on the papers alone. "


Translation: EB has now hired the 3rd [or is it 4th] team of "World's best lawyers" to continue his astounding streak of legal defeats. EB has lost every litigated matter in connection with the 32 AC [not to mention his banking business litigation losses]. The court's refusal to allow oral argument in the latest appeal, shortly after refusing to stay the proceedings, is an unmistakable indication that the court will simply affirm EB's most recent defeat on the venue ruling. By chosing to litigate so many issues and losing them all, most observers feel that there is a likelyhood that SNG-EB will be replaced as trustees of the cup before year's end.

The truth is out there, Agent Fisher. :lol:

[DRTB]

Oneyoti, on Nov 14 2009, 12:12 PM, said:

TpaBayFlyFisher, on Nov 14 2009, 11:34 AM, said:

most observers feel that there is a likelyhood that SNG-EB will be replaced as trustees of the cup before year's end.[/size][/color]

About blooming time in my opinion and I am sure an opinion that is shared by the vast majority of the sailing world.

INHO if they lose their appeal on RAK, they should lose the cup on the basis that they declined to defend it because they didn't name a venue 6 months prior to Feb 8th. The fact that they chose to metaphorically 'bang an edge' by naming RAK (4 DAYS BEFORE THE DEALINE), without clarifying JC's words, even though GGYC informed then that they would appeal RAK, is not sufficient mitigation.

IF... :lol:

[SimonN]

You guys are on drugs! What the fuck do you expect SNG to say? If the court finds that RAK is a legitimate venue, then they will go back on the contracts that have been signed and hold the event elsewhere? IF, and it is a very big if, the courts say RAK is legit, SNG have no option but to hold the event there.

[dogwatch]

TpaBayFlyFisher, on Nov 14 2009, 10:34 AM, said:

most observers feel that there is a likelyhood that SNG-EB will be replaced as trustees of the cup before year's end.

Is that so? Who are these "most observers" of whom you speak? And which "year's end" do they have in mind?

[DRIFTW00D]

Soooo... THE S dOG wants to play in the desert, nothing new here! Only the BILLING department of the S-team legals CARES!

[DRTB]

dogwatch, on Nov 14 2009, 01:38 PM, said:

TpaBayFlyFisher, on Nov 14 2009, 10:34 AM, said:

most observers feel that there is a likelyhood that SNG-EB will be replaced as trustees of the cup before year's end.

Is that so? Who are these "most observers" of whom you speak? And which "year's end" do they have in mind?

Whilst we're on the subject of dreams of disaster for SNG of biblical proportions I suggest we rename TBFF as "Legion". :lol:

[Norberto]

dogwatch, on Nov 14 2009, 07:38 AM, said:

TpaBayFlyFisher, on Nov 14 2009, 10:34 AM, said:

most observers feel that there is a likelyhood that SNG-EB will be replaced as trustees of the cup before year's end.

Is that so? Who are these "most observers" of whom you speak? And which "year's end" do they have in mind?

"most observers" = BOR puppets on the SAAC dish rag

[DSC-Matthias]

I still don´t get it. BOR has a big bird with a huge wing, that would be perfect for RAK conditions.

RAK would provide them a big facility, lot of space for parking USA and the wing, way better than everything they could get in Valencia.

They have the perfect boat, they are offered perfect facilities, what´s the frakin problem? (except ego)

[MR.CLEAN]

SimonN, on Nov 14 2009, 06:44 AM, said:

You guys are on drugs! What the fuck do you expect SNG to say?

I'd sort of expect them to say something that didn't make them look so utterly incompetent when they lose. But they seem immune to that kind of intelligent PR.

[DRTB]

DSC-Matthias, on Nov 14 2009, 02:05 PM, said:

I still don´t get it. BOR has a big bird with a huge wing, that would be perfect for RAK conditions.

RAK would provide them a big facility, lot of space for parking USA and the wing, way better than everything they could get in Valencia.

They have the perfect boat, they are offered perfect facilities, what´s the frakin problem? (except ego)

The GGYC don't want to race OTW. They expect to divest SNG in court. That is the plan. Any connection between BOR actually racing a yacht and winning the AC is pure illusion. Evidence? Take a look at the LVWS results. They are being beaten by second raters including the SAAC hate conductor Sir Keith Mills! :lol:

[DRIFTW00D]

dontrocktheboard, on Nov 14 2009, 08:11 AM, said:

DSC-Matthias, on Nov 14 2009, 02:05 PM, said:

I still don´t get it. BOR has a big bird with a huge wing, that would be perfect for RAK conditions.

RAK would provide them a big facility, lot of space for parking USA and the wing, way better than everything they could get in Valencia.

They have the perfect boat, they are offered perfect facilities, what´s the frakin problem? (except ego)

The GGYC don't want to race OTW. They expect to divest SNG in court. That is the plan. Any connection between BOR actually racing a yacht and winning the AC is pure illusion. Evidence? Take a look at the LVWS results. They are being beaten by second raters including the SAAC hate conductor Sir Keith Mills! :lol:

They can only race on the water IF it is AOK with what the DOG wants!

Why is this MATCH RACE is having such a hard time getting "on the water"? BOTH SIDES CANT READ!

Welcome to the US LEGAL SYSTEM we even elect lawyers President!

[Norberto]

DSC-Matthias, on Nov 14 2009, 08:05 AM, said:

I still don´t get it.
BOR has a big bird with a huge wing, that would be perfect for RAK conditions.

RAK would provide them a big facility, lot of space for parking USA and the wing, way better than everything they could get in Valencia.

They have the perfect boat, they are offered perfect facilities,
what´s the frakin problem? (except ego)

POST OF THE DAY!!!!!
PERFECT!!!!!

;)

[mo fuzz]

Quote

However if there is any delay to the staging of the 33rd America's Cup, then the 2011 date would not be achievable. The next window for an event is in almost four years time 2013, given that 2012 is Olympic year, for a European based Olympics, and would clash with the America's Cup.

RHough, looks you are more prophetic than given credit for. 2017 is getting closer and closer and closer...

[Oneyoti]

dontrocktheboard, on Nov 14 2009, 02:11 PM, said:

The GGYC don't want to race OTW.

if that is the case and SNG / Alinghi DO want to race on the water, why don't SNG stop being awkward, write some balanced rules (unlike the abomination which was the 33rd Protocol) and do everything they can to deliver a fair and reasonable match OTW!!!! The selection of a dodgy venue, such as RAK, clearly shows SNG's intent to avoid racing OTW. If that isn't the case why didn't they simply locate a suitable SH location, which would have complied with JC and the DoG.

DRTB if you really believe that SNG want to race OTW, please explain why they picked a venue that was always going to be challenged (SUCCESSFULLY I might add) in the courts.

Your Alinghi tinted rhetoric simply doesn't add up!!!!!

[UniGor]

To quote Eric Cantona:

"When the seagulls follow the trawler, it is because they think sardines will be thrown into the sea."

[sbflyer]

DSC-Matthias, on Nov 14 2009, 05:05 AM, said:

I still don´t get it. BOR has a big bird with a huge wing, that would be perfect for RAK conditions.

RAK would provide them a big facility, lot of space for parking USA and the wing, way better than everything they could get in Valencia.

They have the perfect boat, they are offered perfect facilities, what´s the frakin problem? (except ego)

If I was Jewish, and one of the richest men on the world, and my hated rival picked an Arab country that's not a valid venue to begin with as a big personal "fuck you", (and don't tell me EB didn't giggle a little at the thought of Ellison's having to go there) I would continue the process of crushing them under my heel too...even if the conditions are good there...

[xfire]

DSC-Matthias, on Nov 14 2009, 05:05 AM, said:

I still don´t get it. BOR has a big bird with a huge wing, that would be perfect for RAK conditions.

RAK would provide them a big facility, lot of space for parking USA and the wing, way better than everything they could get in Valencia.

They have the perfect boat, they are offered perfect facilities, what´s the frakin problem? (except ego)

The problem is: holding the race in RAK allows Alinghi 90 days of prep. In Valencia, they only get about 60, due to teardown, shipping, and setup.