New York, USA – (2009-11-25)
The America’s Cup Defender, Société Nautique de Genève (SNG), today argued before the Appellate Division of the New York Supreme Court in defence of two of the Defender’s fundamental rights as per the Deed of Gift: the right to choose the venue and the right to race a challenger that complies with the Deed of Gift measurement requirements.
„The Defender is hopeful the five Judges of the Appellate Division will respect and uphold its Deed of Gift right to select the venue and to define the rules as has been the case for 158 years and 32 editions of the America’s Cup. If Justice Kornreich’s decision is upheld, it would be the first time in the history of the America’s Cup that the Defender is deprived of its fundamental right to choose the venue. We expect a swift decision from the court in order to move ahead with the 33rd America’s Cup and at last return it to the water,“ said SNG vice-commodore Fred Meyer.
Note to the editor:
On the matter of selecting a venue and on the matter of the rules of the America’s Cup, the Deed of Gift clearly states: ‚These ocean courses shall be […] selected by the Club holding the Cup; and these races shall be sailed subject to its rules and sailing regulations […]‚
The Deed of Gift stipulates that racing for the America’s Cup between 1 November and 1 May must take place in the Southern Hemisphere, but Justice Cahn’s 12 May 2008 New York Supreme Court Order ‚that the location of the match shall be in Valencia, Spain, or any other location selected by the SNG‚ led the America’s Cup defending yacht club, Société Nautique de Genève, to select Ras Al Khaimah in the United Arab Emirates.
The Emirati venue was selected for several reasons: the suitability of the weather conditions fo