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America’s Cup goes back to court

AMERICA'S CUP: The Golden Gate Yacht Club (GGYC) filed a lawsuit last Friday, July 20, against the Société Nautique de Genève (SNG).
Alinghi boss Bertarelli: there may be trouble ahead...
Alinghi boss Bertarelli: there may be trouble ahead...

The action was filed in the Supreme Court of the State of New York, which has jurisdiction over the America’s Cup Deed of Gift.

The San Francisco club is asking the court to:

1. Void the purported challenge of the Club Náutico Español de Vela (CNEV) because CNEV does not qualify under the Deed of Gift as a challenger;

2. Declare the ‘Protocol Governing the 33rd America’s Cup’ agreed between SNG and CNEV null and void because (i) CNEV was an invalid challenger, and (ii) SNG is engaging in self-dealing by accepting CNEV’s purported challenge and entering into a protocol which eliminates Challenger rights and omits basic information regarding match rules and conditions;

3. Declare that GGYC’s challenge filed on July 11 2007 for the 33rd America’s Cup is valid;

4. And require SNG to accept GGYC’s challenge, and implement the terms of the Deed of Gift by participating with GGYC in the establishment of a proper protocol though a consensual process; or, failing that, to proceed with a match with GGYC under the rules expressly set forth in the Deed of Gift.

‘Yesterday (July 19) SNG left us no choice other than to go to court when ACM announced that SNG had accepted on Wednesday a second challenger under the invalid Protocol. This is a clear signal that SNG intends to ignore our challenge under the Deed and proceed with its efforts to dictate unilaterally the terms of the competition,’ said GGYC commodore Marcus Young. ‘It’s a real shame that SNG is trying to change the rules to create an unfair advantage.’

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