Alinghi submits further evidence to support its claim GGYC challenge is invalid

Posted on 28 January 2008 by Valencia Sailing

[Source: Alinghi] (New York, Monday 28 January) Société Nautique de Genève (SNG), the 33rd America’s Cup defending yacht club, submitted further evidence to the New York Supreme Court today in support of a court order declaring the Golden Gate Yacht Club (GGYC) challenge invalid.

This submission, which Justice Cahn invited on the 23 January, demonstrates through expert testimony that a “keel yacht” cannot be categorised as a multi-hull, as implied in the ambiguous and contradictory GGYC challenge certificate.

The challenge certificate is a critical document required under the Deed of Gift that provides the Defender with an accurate description of the challenging vessel, while allowing at least 10 months to design and build the defending yacht.

In its certificate, the GGYC describes its challenging vessel as a “keel yacht”, a term used in the sailing world to distinguish from multi-hulls, however the GGYC are saying that they propose to challenge in a multi-hull. Under the Deed of Gift, GGYC must race in the vessel described in its certificate. Any ambiguity or confusion means non-compliance with the Deed of Gift and therefore renders the certificate and challenge invalid.

“The level of scrutiny being applied to the GGYC certificate must be equal to the level applied to the requirements of a yacht club to become Challenger of Record as per the Deed of Gift,” says Lucien Masmejan, lead counsel for SNG. He adds: “It was the GGYC’s decision to bring and to keep this matter in court thus obliging the SNG, as trustee, to defend the integrity of the America’s Cup through all available means.”

Looking ahead to the 33rd America’s Cup, SNG and Alinghi maintain their long standing goal of holding a multi-challenge event in 2011 in Valencia along with the 12 other entered challengers who subscribe to the rules and regulations presented in November 2007.

9 Comments For This Post

  1. Anonymous Says:

    The silence from Ehman & Co. is deafening !

  2. folkenbolt Says:

    This is just another Bertarelli’s try to delay the moment of the real challenge between real men!!
    I’m starting to believe he is not a real man but just a coward!
    Being him for a half italian like me, i consider this fact a big shame for my country, that has a long glorious tradiction in the sport of sailing and has challenged with honour other Defenders of the America’s Cup.
    Moro di Venezia and Luna Rossa are two valid examples of this.
    If Justice Cahn would decide in favor of the “owner” actual of this ancient trophy, with motivation like the ones advanced today, there would be no reason to fight for it anymore.
    It would be ridicolous!
    I’d leave the cup to Bertarelli, so that he could put flowers in it or use it to pour water in his garden.

  3. Anonymous Says:

    Ernesto, I already said it: GET OUT OF HERE!!! WE DO NOT WANT YOU!!!! Go play Polo or barbies, or something else. We do not want you at this sport!

  4. Anonymous Says:

    the interesting part is at the beginning Tom was publishing almost on a daily base….now with this keel multihull thing they just put themselves in the corner…which is sad…leave out the keel word and we have a cup this summer on cat’s and then we can go ahead as normal…
    Russell and Tom we like you but why the hell did you put the word keel in there….?

  5. Anonymous Says:

    the interesting part is at the beginning Tom was publishing almost on a daily base….now with this keel multihull thing they just put themselves in the corner…which is sad…leave out the keel word and we have a cup this summer on cat’s and then we can go ahead as normal…
    Russell and Tom we like you but why the hell did you put the word keel in there….?

  6. Anonymous Says:

    why a hydrofoil should not be a keelboat?????

  7. Anonymous Says:

    this sh*t’s ridiculous! c’mon kids, lets go fly a kite, we’ll have more fun. pssshh

  8. Anonymous Says:

    …in fact it is an interesting question where this “keel-yacht” came from… The answer can be found in the big boat challenge. The wording in that certificate is beside the dimensions identical to the one of BMOR.
    The silence of Ehman and Coutts also surprises me. However I can not see how people can think that BMOR winning could be a good thing for the cup community. For myself as a man working in the AC (and not being an Alinghi supporter) the best thing would be if Judge Cahn declare BMOR as an invalid, we get a proper challenger for 2011 and I have immediately a number of solid job offers…

  9. Anonymous Says:

    To Grant Simmer;
    What does it matter what boat GGYC show up with?? Design and build the fastest Tri,Cat,Mono boat you can within the DoG. Pick the venue you like and get on with it. You can build a 115′ boat if you want,(with some sort of mizzen mast) GGYC is stuck at 90′ LOA max, sheesh your boat can be 20′ longer than their’s…surley a good option. If they beat you on the water (because you were not prepared) then go to court and complain their boat was not a “keel yacht”. You had better get going because the judge may tell you to race in October, and complain later.





 

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