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You are correct in that regard, but the court absolutely had to and did pick what the court believed was a Deed-compliant venue for the match. The court landed on Valencia because it was in the right hemisphere and because the parties had agreed to it. Which necessarily means that the court...

He's even more off-base on that. Yes, the AC trust is a charitable trust. But that's where the charity ends. Again, don't take my word for it -- you can read what the NY Court of Appeals said in Mercury Bay. Mercury Bay tried to argue that SDYC had fiduciary duties as a trustee (Dr. Ross's same...

The issue of proper venue was absolutely before the court, as was the issue of mutual consent. 

I saw that. I don't find it persuasive. But my opinion doesn't really matter (nor, for that matter, does Dr. Ross's). All that matters is what the NY courts would do, and the court has already dictated that an AC defense be held away from home waters. Pretty hard to claim such an outcome wasn't...

The language isn't "quaint". It's pretty straightforward on this point. In fact, it's a model of brevity. If the Deed were written today, it would read like . . . well, the Protocol, which is largely horrendous.  If the drafters contemplated a home defense, the Deed would require that. The...

They didn't both suggest Valencia. Well, I think they did at first, then SNG reneged and picked RAK, and then the court shitfight, and the court picked Valencia because it was in the correct hemisphere for the required dates and both parties had agreed on it earlier. Edit: and let me suggest...

Thanks for that, Stingers. Dr. Ross correctly notes that courts will only look at the words actually used in the Deed to discern (and apply) the intent of the drafters. He does an admirable job of trying to find something in the Deed to support his desired outcome, but even he acknowledges that...

Couldn't find this piece, but did Dr. Ross explain how, if his interpretation of the Deed is correct, 2007 and 2010 happened?  The best evidence of the what the drafter of the Deed intended are the words used. The Deed says the course, dates, rules, and "any and all other conditions of the...