Team Seacats

The Supreme Court of the State of New York agreed to hear the arguments on the accelerated schedule of October 22nd with regard to the validity of the challenge for the America’s Cup. The short and sweet is that spin machine is working up a froth as both sides are touting a win. Oracle says that they are “pleased with the decision as we are keen to see this issue properly resolved with a minimum of further delay” through Tom Ehman. Mr. Ehman goes on to explain that they still very much would like to negotiate with SNG and see a cup run in a similar fashion to the last one. Alinghi, on the other hand, touts the fact that the Court did not grant GGYC’s application for an injunction as a win. The Court, instead, ordered the parties to submit written legal arguments designed to dispose of the case in the shortest possible time. There is a stark contrast in the way GGYC is handling themselves sticking only to the facts in the case while Bertarelli’s gang see fit to continue a verbal barrage of attacks. Hamish Ross, Alinghi General Counsel, throws a few more disparaging remarks at GGYC leading this sailor to believe that there’s not going to be much negotiation happening between now and October 22nd.

The hearing to get a decision to accelerate the case of GGYC (Golden Gate Yacht Club / Oracle) and SNG (Alinghi) is today at 2pm. However, the America’s Cup Management Arbitration Panel recently had their hearing and announced that the bid from Desafio Espanol was valid. Before you take too much validity from this decision, remember that the ACM is appointed by Alinghi and the arbitration panel is appointed by the ACM.

There’s a bunch of lawyer speak going on and although Bertarelli claims “It is not possible that we will lose. We have the best lawyers.”, their case isn’t exactly air tight. We won’t know much today other than if New York Court’s Justice Cahn feels that the case is worthy of being accelerated. Oh, and SNG has made a claim that they will expect compensation due to the damage this case has caused them.

I just think I realized something else. The Deed of Gift specifies that a Yacht club who is entitled to challenge for the cup must have regattas on the sea or an arm of the sea (I paraphrase loosely). Does SNG have regattas on an arm of the sea? They don’t even have access to the sea which is why the AC is raced in Valencia Spain – right? Could they also be fighting for their own validity should they find themselves in position of challenger again?