[Source: Mascalzone Latino] Reale Yacht Club Canottieri Savoia (“RYCCS”) and Mascalzone Latino have submitted an amicus curiae brief to the Court Case between Golden Gate Yacht Club and Sociétè Nautique de Genévè and to bring their views to the attention of the Court.
“It is unfortunate that the America’s Cup is in court once again, -Alessandra Pandarese general counsel of Mascalzone Latino and former Chair of the Challenger Commission- but no one, especially the defender, can be surprised that this has happened: the Protocol, promulgated by SNG with Club Náutico Español has essentially eliminated the role of the Challenger. In so doing, the Protocol contravenes the core terms of the Deed of Gift that created the America’s Cup, which provides that the Cup shall be “a perpetual Challenge Cup.”
Mascalzone submit that the group of provisions relating to SNG, through America’s Cup Management controlling unilateral power to disqualify a challenging team; ACM power to appoint all race officials, ACM power to establish unilaterally the rules for all the phases of the event, and the class rules, have altered the nature of the America’s Cup from the “Challenge Cup”, to a type of competition totally governed by the Defender, in contravention of the basic principles of the Deed.
Mascalzone Latino submit that the Court should exercise its jurisdiction, enforce the terms of the Deed, and protect this historic sporting event from the Defender’s usurpations.
Meantime a fair Protocol is being drafted with GGYC, and it will be submitted to all other challengers and all inputs will be welcomed.
Now it is time for SNG/Alinghi to be finally available to discuss and reach true mutual consent.
These are the reasons that brought Vincenzo Onorato to intervene once again:
a) the submission of the amicus brief.
“GGYC/Oracle is not the only team that contest the Protocol –underlines Onorato- we feel we have expressed the opinion of the sailing community that is interested in this event and wants it to remain competitive and not preconditioned in favour of the Defender.”
b) the reasons of the court case between SNG and GGYC and the conflict surrounding the Cup.
“The conflict arose from the content of the Protocol and the case was brought by Oracle substantially to challenge this document signed between the defender and the challenger of record Club Náutico Español de Vela.
“If the Protocol had not distorted the event structure and totally eliminated the role of the Challenger from the XXXIII AC, we would probably all be in Valencia already.
“You would have to ask Ernesto Bertarelli – who said on many occasions that the XXXII edition of the Cup was the best ever held – why he has totally rewritten the rules? Wouldn’t it have been better to improve on the previous text, perhaps even with the actual inputs from the challengers?”
c) Possible postponement of the Cup.
“A postponement is probably inevitable. Nevertheless as far as we are aware ACM did not consult any of challengers that are already registered before sending this release. ACM is continuing to make a fundamental mistake: behaving as if it were an organisation like the FIA, CIO, etc. Due to the peculiarity of the America’ s Cup, ACM arises from the Holder of the trophy, therefore the power should not and cannot be absolute. In substance we hope that the orientation expressed in the release means that SNG has finally decided to come to the table and review all of the disputed matters.”
d) Mascalzone Latino’s participation in the next Cup.
“We are certainly ready to participate and it is for this reason that we are intervening in order to try to improve the rule context.”