Statement from the Société Nautique de Genève

Posted on 29 April 2009 by Valencia Sailing

[Source: Alinghi] BMW Oracle Racing (BOR) and its club Golden Gate (GGYC) have again chosen the New York law courts, instead of accepting an invitation to another meeting to discuss the terms of the 33rd America’s Cup. They have ignored both our proposal to open the competition to other challengers and our invitation to agree to mutual consent terms.

As Defender of the America’s Cup, Alinghi and the Société Nautique de Genève (SNG) are duty bound to fulfill the Deed of Gift that governs the event. The document clearly states that May is the earliest possible date for a race in the Northern Hemisphere, where both clubs are located. The New York Supreme Court Order does not instruct us to breach our duties as trustee.

The Deed of Gift also states that the Challenger of Record should provide the Defender with a Custom-House Registry of the vessel ‘as soon as possible’. This they also ignore. The Deed of Gift is not a document to be cast aside at convenience: the wording is clear on the matter of the dates and cannot be dismissed because it does not suit GGYC and BMW Oracle Racing’s current wishes.

The Société Nautique de Genève is prepared to defend its position, which fully respects the Deed of Gift as the governing document of the America’s Cup, before the New York Supreme Court and will require BOR and the GGYC to do the same.

14 Comments For This Post

  1. Anonymous Says:

    This guys are pathetic. What part of the judges order Ernestín still doesn’t want to accept?

    Dorothy is time to surrender.

  2. Anonymous Says:

    Cough, cough & this comes from the master of CNEV & we will not appeal.

    Good luck in front of the NYSC as you will need it.

  3. Anonymous Says:

    How boring… I’m off to sleep.

  4. Norberto Says:

    Totally clear and logical. The joke is that “The Last Salvation” for Crazy Larry – his own NY Court System – left things unclear and unresolved.

    Maybe now Crazy Larry should sue the judge …..

  5. Anonymous Says:

    But surely the NY courts do not have the authority to simply over rule the DOG without mutual consent or even debate. The DOG document is very clear… No northen hemesphere regatta before May. I think both teams are North based right.

  6. Anonymous Says:

    imagine if alinghi raced and won in feb in the northern hemesphere. Oracle would take them back to court for not following the deed of gift

  7. Anonymous Says:

    8.38 am

    I hope you are not right with that one. Scary thought…

  8. Anonymous Says:

    8:37 sounds right to me. The courts cannot make the decision. According to the DOG the race must be after May 1st. (unless the venue is named a southern hem Venue. I think i am right in thinking that the defender chooses the venue. Alinghi had already named Valencia so it has to be May. Its very clear. I think prehaps the judge did not consider this in his statement.
    Lets here from one of the BOR supporters on their opinion. Are we following the Deed or not??

  9. Norberto Says:

    Exactly right, and that’s the funny part: the LE lovers think its kind of a kindergarten game, and the court is the teacher who will decide. They haven’t understood the very concept of the Deed yet!

    But then again, one could always sue everybody, sue the court, sue the judge, sue the world …. of course all to make things fair and in the interest of the rest of the world (sarcasm off)

  10. Anonymous Says:

    (:38 AM Anonymous said… “imagine if alinghi raced and won in feb in the northern hemesphere. Oracle would take them back to court for not following the deed of gift”

    That is PRECISELY what they would do! And they are clamoring for that. The ultimate way to win the AC in the court without having to sail in the water!

  11. Anonymous Says:

    Seems to be some confusion about the NYSC governing the Deed. But they do just like you have 6 months to choose your venue. It's not in the Deed is it?

    Again, we wouldn't be here if CNEV wasn't a sham. But it looks like now we are going a lot deeper to protect The Cup from Enrievision which is about the $ & not the cup.

    Btw wait for the question to come out about why the trustee is using the Deed to make $ for themsleves & why they are not reporting it in NY.

  12. Anonymous Says:

    Why don’t you ask Tom Ehman about his plans to organize the AC like a F1 event? To use his own commercial F1 experience to make the AC economically viable?

    Ah, you didn’t know that, no? Wake up and smell the coffee ……

  13. Anonymous Says:

    2:42 PM – And TE was going to be Lord of the Cup like EB?

  14. Anonymous Says:

    he dreams to be the lord of the cup, but too nasty, too selfish and at the end too stupid…

Statement from the Société Nautique de Genève

Posted on 29 April 2009 by Valencia Sailing

[Source: Alinghi] BMW Oracle Racing (BOR) and its club Golden Gate (GGYC) have again chosen the New York law courts, instead of accepting an invitation to another meeting to discuss the terms of the 33rd America’s Cup. They have ignored both our proposal to open the competition to other challengers and our invitation to agree to mutual consent terms.

As Defender of the America’s Cup, Alinghi and the Société Nautique de Genève (SNG) are duty bound to fulfill the Deed of Gift that governs the event. The document clearly states that May is the earliest possible date for a race in the Northern Hemisphere, where both clubs are located. The New York Supreme Court Order does not instruct us to breach our duties as trustee.

The Deed of Gift also states that the Challenger of Record should provide the Defender with a Custom-House Registry of the vessel ‘as soon as possible’. This they also ignore. The Deed of Gift is not a document to be cast aside at convenience: the wording is clear on the matter of the dates and cannot be dismissed because it does not suit GGYC and BMW Oracle Racing’s current wishes.

The Société Nautique de Genève is prepared to defend its position, which fully respects the Deed of Gift as the governing document of the America’s Cup, before the New York Supreme Court and will require BOR and the GGYC to do the same.

28 Comments For This Post

  1. Anonymous Says:

    This guys are pathetic. What part of the judges order Ernestín still doesn’t want to accept?

    Dorothy is time to surrender.

  2. Anonymous Says:

    Cough, cough & this comes from the master of CNEV & we will not appeal.

    Good luck in front of the NYSC as you will need it.

  3. Anonymous Says:

    How boring… I’m off to sleep.

  4. Norberto Says:

    Totally clear and logical. The joke is that “The Last Salvation” for Crazy Larry – his own NY Court System – left things unclear and unresolved.

    Maybe now Crazy Larry should sue the judge …..

  5. Anonymous Says:

    But surely the NY courts do not have the authority to simply over rule the DOG without mutual consent or even debate. The DOG document is very clear… No northen hemesphere regatta before May. I think both teams are North based right.

  6. Anonymous Says:

    imagine if alinghi raced and won in feb in the northern hemesphere. Oracle would take them back to court for not following the deed of gift

  7. Anonymous Says:

    8.38 am

    I hope you are not right with that one. Scary thought…

  8. Anonymous Says:

    8:37 sounds right to me. The courts cannot make the decision. According to the DOG the race must be after May 1st. (unless the venue is named a southern hem Venue. I think i am right in thinking that the defender chooses the venue. Alinghi had already named Valencia so it has to be May. Its very clear. I think prehaps the judge did not consider this in his statement.
    Lets here from one of the BOR supporters on their opinion. Are we following the Deed or not??

  9. Norberto Says:

    Exactly right, and that’s the funny part: the LE lovers think its kind of a kindergarten game, and the court is the teacher who will decide. They haven’t understood the very concept of the Deed yet!

    But then again, one could always sue everybody, sue the court, sue the judge, sue the world …. of course all to make things fair and in the interest of the rest of the world (sarcasm off)

  10. Anonymous Says:

    (:38 AM Anonymous said… “imagine if alinghi raced and won in feb in the northern hemesphere. Oracle would take them back to court for not following the deed of gift”

    That is PRECISELY what they would do! And they are clamoring for that. The ultimate way to win the AC in the court without having to sail in the water!

  11. Anonymous Says:

    Seems to be some confusion about the NYSC governing the Deed. But they do just like you have 6 months to choose your venue. It's not in the Deed is it?

    Again, we wouldn't be here if CNEV wasn't a sham. But it looks like now we are going a lot deeper to protect The Cup from Enrievision which is about the $ & not the cup.

    Btw wait for the question to come out about why the trustee is using the Deed to make $ for themsleves & why they are not reporting it in NY.

  12. Anonymous Says:

    Why don’t you ask Tom Ehman about his plans to organize the AC like a F1 event? To use his own commercial F1 experience to make the AC economically viable?

    Ah, you didn’t know that, no? Wake up and smell the coffee ……

  13. Anonymous Says:

    2:42 PM – And TE was going to be Lord of the Cup like EB?

  14. Anonymous Says:

    he dreams to be the lord of the cup, but too nasty, too selfish and at the end too stupid…

  15. Anonymous Says:

    This guys are pathetic. What part of the judges order Ernestín still doesn’t want to accept?

    Dorothy is time to surrender.

  16. Anonymous Says:

    Cough, cough & this comes from the master of CNEV & we will not appeal.

    Good luck in front of the NYSC as you will need it.

  17. Anonymous Says:

    How boring… I’m off to sleep.

  18. Norberto Says:

    Totally clear and logical. The joke is that “The Last Salvation” for Crazy Larry – his own NY Court System – left things unclear and unresolved.

    Maybe now Crazy Larry should sue the judge …..

  19. Anonymous Says:

    But surely the NY courts do not have the authority to simply over rule the DOG without mutual consent or even debate. The DOG document is very clear… No northen hemesphere regatta before May. I think both teams are North based right.

  20. Anonymous Says:

    imagine if alinghi raced and won in feb in the northern hemesphere. Oracle would take them back to court for not following the deed of gift

  21. Anonymous Says:

    8.38 am

    I hope you are not right with that one. Scary thought…

  22. Anonymous Says:

    8:37 sounds right to me. The courts cannot make the decision. According to the DOG the race must be after May 1st. (unless the venue is named a southern hem Venue. I think i am right in thinking that the defender chooses the venue. Alinghi had already named Valencia so it has to be May. Its very clear. I think prehaps the judge did not consider this in his statement.
    Lets here from one of the BOR supporters on their opinion. Are we following the Deed or not??

  23. Norberto Says:

    Exactly right, and that’s the funny part: the LE lovers think its kind of a kindergarten game, and the court is the teacher who will decide. They haven’t understood the very concept of the Deed yet!

    But then again, one could always sue everybody, sue the court, sue the judge, sue the world …. of course all to make things fair and in the interest of the rest of the world (sarcasm off)

  24. Anonymous Says:

    (:38 AM Anonymous said… “imagine if alinghi raced and won in feb in the northern hemesphere. Oracle would take them back to court for not following the deed of gift”

    That is PRECISELY what they would do! And they are clamoring for that. The ultimate way to win the AC in the court without having to sail in the water!

  25. Anonymous Says:

    Seems to be some confusion about the NYSC governing the Deed. But they do just like you have 6 months to choose your venue. It's not in the Deed is it?

    Again, we wouldn't be here if CNEV wasn't a sham. But it looks like now we are going a lot deeper to protect The Cup from Enrievision which is about the $ & not the cup.

    Btw wait for the question to come out about why the trustee is using the Deed to make $ for themsleves & why they are not reporting it in NY.

  26. Anonymous Says:

    Why don’t you ask Tom Ehman about his plans to organize the AC like a F1 event? To use his own commercial F1 experience to make the AC economically viable?

    Ah, you didn’t know that, no? Wake up and smell the coffee ……

  27. Anonymous Says:

    2:42 PM – And TE was going to be Lord of the Cup like EB?

  28. Anonymous Says:

    he dreams to be the lord of the cup, but too nasty, too selfish and at the end too stupid…

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