GGYC sends SNG letter, renewing commitment to last week’s failed agreement

Posted on 18 January 2010 by Valencia Sailing

Related PDF File

- GGYC letter to SNG, renewing commitment to the Singapore Agreement (negotiated in Singapore last week
by SNG and GGYC but signed only by GGYC), dated 17 January 2010

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

20 Comments For This Post

  1. Anonymous Says:

    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.

  2. Renaud Says:

    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.

  3. Anonymous Says:

    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.

  4. Anonymous Says:

    Will we hear something before 19:00 today?

  5. Anonymous Says:

    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 !

  6. Renaud Says:

    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.

  7. Luka Says:

    I hope Alinghi will finally start to respect the Deed!

  8. Anonymous Says:

    I hope that Alinghi will finally start to respect the Deed!

  9. Anonymous Says:

    It's astonishing that a great brand like BMW want to be within a million miles of all this.

  10. Anonymous Says:

    berti drives a BMW!

  11. Anonymous Says:

    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!!!

  12. Anonymous Says:

    He drives a Ferrari actually

  13. Flight and hotel are booked Says:

    Don't meet them, Ernesto. Feb 8th it must be.

  14. Anonymous Says:

    "… 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.

  15. Anonymous Says:

    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 :-)

  16. Anonymous Says:

    Monday 17th; Yes, send them a calender, otherwise Shirley Kornreich has to deal with another legal action by BOR. -

  17. So Called Critics Says:

    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?

  18. Gareth Evans Says:

    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.

  19. Anonymous Says:

    Dreaming of an ac without these fuckers

  20. NVS Says:

    "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

GGYC sends SNG letter, renewing commitment to last week’s failed agreement

Posted on 18 January 2010 by Valencia Sailing

Related PDF File

- GGYC letter to SNG, renewing commitment to the Singapore Agreement (negotiated in Singapore last week
by SNG and GGYC but signed only by GGYC), dated 17 January 2010

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

40 Comments For This Post

  1. Anonymous Says:

    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.

  2. Renaud Says:

    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.

  3. Anonymous Says:

    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.

  4. Anonymous Says:

    Will we hear something before 19:00 today?

  5. Anonymous Says:

    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 !

  6. Renaud Says:

    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.

  7. Luka Says:

    I hope Alinghi will finally start to respect the Deed!

  8. Anonymous Says:

    I hope that Alinghi will finally start to respect the Deed!

  9. Anonymous Says:

    It's astonishing that a great brand like BMW want to be within a million miles of all this.

  10. Anonymous Says:

    berti drives a BMW!

  11. Anonymous Says:

    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!!!

  12. Anonymous Says:

    He drives a Ferrari actually

  13. Flight and hotel are booked Says:

    Don't meet them, Ernesto. Feb 8th it must be.

  14. Anonymous Says:

    "… 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.

  15. Anonymous Says:

    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 :-)

  16. Anonymous Says:

    Monday 17th; Yes, send them a calender, otherwise Shirley Kornreich has to deal with another legal action by BOR. -

  17. So Called Critics Says:

    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?

  18. Gareth Evans Says:

    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.

  19. Anonymous Says:

    Dreaming of an ac without these fuckers

  20. NVS Says:

    "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

  21. Anonymous Says:

    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.

  22. Renaud Says:

    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.

  23. Anonymous Says:

    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.

  24. Anonymous Says:

    Will we hear something before 19:00 today?

  25. Anonymous Says:

    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 !

  26. Renaud Says:

    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.

  27. Luka Says:

    I hope Alinghi will finally start to respect the Deed!

  28. Anonymous Says:

    I hope that Alinghi will finally start to respect the Deed!

  29. Anonymous Says:

    It's astonishing that a great brand like BMW want to be within a million miles of all this.

  30. Anonymous Says:

    berti drives a BMW!

  31. Anonymous Says:

    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!!!

  32. Anonymous Says:

    He drives a Ferrari actually

  33. Flight and hotel are booked Says:

    Don't meet them, Ernesto. Feb 8th it must be.

  34. Anonymous Says:

    "… 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.

  35. Anonymous Says:

    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 :-)

  36. Anonymous Says:

    Monday 17th; Yes, send them a calender, otherwise Shirley Kornreich has to deal with another legal action by BOR. -

  37. So Called Critics Says:

    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?

  38. Gareth Evans Says:

    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.

  39. Anonymous Says:

    Dreaming of an ac without these fuckers

  40. NVS Says:

    "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

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