Saturday 22 November 08 - 21:19
 

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America’s Cup gets court date

AMERICA'S CUP: The Supreme Court of the State of New York last month granted an order sought by the Golden Gate Yacht Club (GGYC) telling the Société Nautique de Genève (SNG) to get on with sorting out the rules for defending the next America’s Cup. 
Ellison: could find BMW Oracle excluded if SNG’s rules are adopted – picture ©ACM 2006/Photo:Carlo Borlenghi
Ellison: could find BMW Oracle excluded if SNG’s rules are adopted – picture ©ACM 2006/Photo:Carlo Borlenghi

The San Francisco club will meet SNG in court on September 10: GGYC alleges SNG is in serious breach of its fiduciary duty under the Deed of Gift that governs the cup.

GGYC says SNG has accepted an invalid challenge from a sham (Spanish) yacht club, and is seeking to impose an unprecedented one-sided set of rules that hugely favour the defender to the detriment of all other competitors.

‘We are very pleased with this ruling by the court,’ said Tom Ehman, head of external affairs for BMW Oracle Racing. ‘We believe the cup will be irrevocably damaged if we don’t get SNG’s Protocol changed,’

In reply, the SNG thumbed its nose at GGYC and team owner Larry Ellison. ‘This was not a victory for GGYC, as the impression has been given. Nothing was decided, the court has not taken any position whatsoever, it has just set a date for a hearing and nobody knows what will happen on the date. The court may agree to the request to accelerate, or it may not.’

So there.

But a quick look at the SNG’s rebuttal shows the odd hole here and there. On the GGYC’s point about SNG being able to turn down challengers (including, of course Ellison’s own Oracle BMW) , the SNG offered the thought that it might not be wise ‘to have, say four Italian teams’.

‘If you allow a lot of entries from one country you are likely to end up with no really good entry,’ said SNG.

However, King Juan Carlos of Spain stated that he considered it very important that a second Spanish challenger for the Americas Cup take part in the races.

The America’s Cup will again be held in Spain…

It’s a different world out there, isn’t it?

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Ellison: could find BMW Oracle excluded if SNG’s rules are adopted – picture ©ACM 2006/Photo:Carlo Borlenghi

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