America's Cup to move forward or back to court?
By IBI Magazine
The America's Cup saga, which wound its way through the US court system for nearly two years, may be heading back to court following a meeting in Geneva this week between the two litigants. The meeting between Cup Defender Alinghi and Challenger BMW Oracle Racing was supposed to clarify the details for the next America's Cup. But the dates and venue remain unclear. Both sides released short statements on behalf of the yacht clubs that they represent — Alinghi for Société Nautique de Genève (SNG) and BMW Oracle for the Golden Gate Yacht Club (GGYC) — following the meeting. Alinghi said that it will be ready to race in 2010 and expressed its "willingness" for the challenger selection to be open to other teams. SNG, added the statement, "would be flexible and ready to discuss other terms of the 33rd America's Cup such as race format, venue or calendar." But BMW Oracle said that its "clear and straightforward proposals for a fully competitive conventional America's Cup in monohulls were rejected by SNG, who insisted on a regatta in large multihulls under the Deed of Gift ("DoG")." BMW Oracle said SNG insists on holding the event in May 2010, "in defiance" of the recent decision by the New York courts specifying it be held in February 2010. "GGYC is disappointed that SNG categorically rejected our proposals for a conventional regatta," said the statement, adding it would continue to negotiate "in good faith". Richard Gladwell wrote on SailWorld.com that the date change could push the two teams back into the New York court system to determine which date should be used. "Should GGYC take no formal action to dispute the date, then it will be deemed to have accepted the May 2010 schedule," Gladwell wrote. "That would in turn delay for another two months the announcement of the venue for the Defence, which must be made six months before the Match, buying further time for Alinghi." Gladwell noted that Alinghi's multihull will be ready, at best, in two months, while BMW Oracle is on its third set of sea trials in its 90-ft multihulls. Gladwell noted that Alinghi's offer to open the competition to 17 other Challenger teams was unrealistic. "Few would be expected to take this option seriously, unless they already had a craft under design/build, or could secure the use of such a boat, and it complied with the construction requirements of the Deed of Gift," he wrote. The commentator also wondered if the other America's Cup teams could financially survive until May 2010. "The outcome for the next multi-challenger America's Cup is probably unaltered, and that should take place starting in May 2011, at the earliest, in AC33 yachts," he wrote. "How the teams operate in the meantime will be interesting, some will no doubt fold or be mothballed. Others will survive in alternate competition."
(24 April 2009)
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