January 17, 2010
M. Pierre-Yves Firmenich
Société Nautique de Genève
Port Noir
CH-1223 Cologny
Switzerland
Dear Commodore Firmenich,
I note that any apology or even regret is absent from your Club’s response today to my letter of January 15, 2010.
To set the record straight, of the three parties who drew-up the Singapore Agreement only SNG/Alinghi did not sign it. Since then, David Tillett, chairman of International Jury for 33rd America’s Cup and present at the meeting, has confirmed publically that one side “balked” at signing the Singapore Agreement at the “11th hour.”
Your negotiators knew that we had delayed serving the “constructed-in-country” legal paperwork for a week pending the Singapore meeting.
Moreover, after SNG/Alinghi refused to sign the deal that had been negotiated in Singapore on Tuesday, your representatives were advised Tuesday night that we would proceed with the CIC motion at 1000 Wednesday morning if SNG/Alinghi had not agreed by then to the deal negotiated on Tuesday, or something substantially similar.
When SNG/Alinghi made no such agreement by 1000 Wednesday morning, we proceeded with the CIC motion. Thereafter, we note the talks continued with renewed vigor, and that soon your negotiators did agree a deal similar to Tuesday’s. No doubt they were and are fully aware of the “constructed-in-country” problem your team faces.
You will be aware that the Singapore Agreement included a provision that all legal actions by both sides – including Wednesday’s CIC motion – would be dropped. Be advised we will not rescind that motion unless and until your Club signs the Singapore Agreement.
We hereby renew our commitment to Draft 8 of the Singapore Agreement, but this offer ends at 1900 CET tomorrow, Monday, January 17, 2010.
SNG/Alinghi’s continued unwillingness to sign the Singapore Agreement, which would settle all the remaining issues before the 33rd Match commences, will be a heavy burden for your Club, as Trustee, to bear.
Yours sincerely,
GOLDEN GATE YACHT CLUB
Marcus Young
Commodore
cc: Ernesto Bertarelli, Team Alinghi
Brad Butterworth, Team Alinghi
Russell Coutts, BMW ORACLE Racing
Tom Ehman, BMW ORACLE Racing
Larry Ellison, BMW ORACLE Racing
Fred Meyer, Vice-Commodore SNG
David Kellett, Treasurer, ISAF
Göran Petersson, President, ISAF
David Tillett, Chairman, International Jury
January 18th, 2010 at 3:34 pm
Is it a conincidence this comes the day following Kostecki, Coutts and Spithill´s day out following Alinghi?
To drop all legal actions in order for the mandate of this agreement one can only assume they´re very worried.
It´d be nice to know what item in the agreement they´re so desperate to reach consensus on, i´m guessing it´s time.
January 18th, 2010 at 4:00 pm
I hope Alinghi won't sign, they don't need time anymore.
And if BOR want to go to NYC after the match, let Justice Kornreich give them the Cup; the world will simply laugh at such a farce.
January 18th, 2010 at 4:09 pm
BOR with a threatening letter for Alinghi? "…unwillingness to sign… will be a heavy burden…" Still the heavyer burden for BOR will be if
a) they refuse to sail 8th feb, or
b) go back to court in case of loosing the AC33 match.
January 18th, 2010 at 4:11 pm
Will we hear something before 19:00 today?
January 18th, 2010 at 4:39 pm
What aggressive maneuvers ! and such a poor behaviour from BOR … again.
It's time to consider another kind of competition and forget this AC. Anyway, BMW is not a brand I would buy !
January 18th, 2010 at 4:45 pm
The only comment we will have before 19:00 today is from BOR, such as :
Despite the chance we gave to Alinghi, they refused to agree with us. Obviously they still prefer an unfair match and so on ….. gna gna gna gna
This is not an OFFER but a THREAT.
January 18th, 2010 at 5:00 pm
I hope Alinghi will finally start to respect the Deed!
January 18th, 2010 at 5:01 pm
I hope that Alinghi will finally start to respect the Deed!
January 18th, 2010 at 5:43 pm
It's astonishing that a great brand like BMW want to be within a million miles of all this.
January 18th, 2010 at 8:00 pm
berti drives a BMW!
January 18th, 2010 at 9:49 pm
Surprising how many say it's ok to cheat yet when the challenger protest they whine.
Doesn't matter if it's a threat to take them to the protest room as they are cheating.
You want to rob a bank & whine that you have to do jail time? Man up!!!
January 18th, 2010 at 9:53 pm
He drives a Ferrari actually
January 18th, 2010 at 10:00 pm
Don't meet them, Ernesto. Feb 8th it must be.
January 18th, 2010 at 10:48 pm
"… offer ends at 1900 CET tomorrow, Monday, January 17, 2010… " They are not even capable of putting the correct date. Monday is the 18th … Commodore Young can wait for a long time on Monday the 17th.
January 19th, 2010 at 8:50 am
maybe alinghi should send them a alinghi calendar, otherwise they will show up on the wrong date for the race, Thursday the 8th of Feb…a
January 19th, 2010 at 3:26 pm
Monday 17th; Yes, send them a calender, otherwise Shirley Kornreich has to deal with another legal action by BOR. -
January 19th, 2010 at 3:54 pm
I thought this was supposed to be a best of 5 but the rules show a best of 3.
http://33rd.americascup.com/multimedia/docs/2010/01/100119_Amended_NOR_33rd_AC_-_Execution_Copy.pdf
Does anyone know if its a best of 3?
January 19th, 2010 at 7:40 pm
The number and format of races is laid down in the Deed of Gift where mutual consent has not been reached. As you have probably guessed we are a long way from mutual consent at the moment. So there are 3 races – 1 & 3 are windward /leewards, and 2 is a triangle.
January 19th, 2010 at 8:10 pm
Dreaming of an ac without these fuckers
January 21st, 2010 at 12:25 am
"Dreaming of an ac without these fuckers"
I can only agree with this LOL.
Sorry, prefer to Laugh about it instead of crying about it…
NVS