Little progress has been made in the ongoing disputes between the challenger, Golden Gate Yacht Club (BMW Oracle) and the holder, Societe Nautique de Geneve (Alinghi), following yet another court appearance in New York. Justice Kornreich ruled that SNG was not in contempt of court but ordered them to turn over to the Court their agreement with ISAF regarding rules and conduct of the event. (ISAF made these public last week.) She has reserved her decision on a number of other matters.
BMW Oracle have not been compelled to submit their Custom House Registry (in other words, to tell SNG which boat they will be challenging with). And she has not yet banned SNG from using an engine and moveable ballast, which are contrary to ISAF rules but which Alinghi claims “may be” included in SNG rules.
In yet another case of “it's all their fault”, both sides “welcomed” the direction of the court that they should return to mediation. Both sides have continually claimed they want to settle the competition on the water, not in the courts, and claim the other side is frustrating their attempts.
The following media releases have been released by GGYC and SNG:
Tom Ehman, GGYC spokesman:
We are pleased that the Court will provide clarity on the rules before we complete our challenging vessel for America's Cup 33.
The Court reserved her decision whether an engine and moveable ballast can be used.
Justice Kornreich understood that we need to know the rules before we can complete our challenging vessel and then submit our Custom House Registry (CHR).
The Defender was compelled to turn over to the Court the secret agreement with International Sailing Federation (ISAF).
On questioning from the Court, Société Nautique de Genève (SNG) agreed to return to mediation, a process we have supported throughout our challenge.
We look forward to Justice Kornreich's decision
Brad Butterworth, Alinghi team skipper:
It's good that Justice Kornreich denied the Golden Gate Yacht Club's (GGYC) request to hold the America's Cup defending yacht club, Société Nautique de Genève (SNG), in contempt of court, but it doesn't come as a surprise because there were no grounds for such an action.
Justice Kornreich showed a great deal of knowledge of the file and the case and while she reserved her decision, she made it crystal clear that the provisions of the Deed of Gift put no restriction on yacht design. She also asked both sides to return to the mediation that the GGYC halted with this new litigation attempt.
We are ready and willing to continue discussions with them and will work on providing clarity with regards the 33rd America's Cup as far as rules and measurement procedures go; always within the framework of the Deed of Gift and SNG's rules. We are determined to get the competition on the water and out of the courtroom once and for all.
