© K. Urtz 2013
The 33rd America’s Cup 2010
Soon after the end of the AC 2007 Alinghi - as winner and therefore Cup defender - presented the newly founded  Club Nautico Español de Vela (CNEV) as the first challenger and at the same time as the Challenger of Record. CNEV had no clubhouse, 4 Vice-Presidents of the Spanish Sailing Federation as the sole members, no boats and had held no races. Then the harshly criticized protocol was published. This showed that Alinghi would pull important legal and economic agendas in itself. This called Oracle on the plan and ended in lengthy and costly disputes in the form of correspondence and actions at  the New York Court. Although Ernesto Bertarelli (Alinghi) and Larry Ellison (Oracle) were highlighted in the media as litigants , actually 2 yacht club, the Société Nautique de Genève (SNG) and the Golden Gate Yacht Club (GGYC) could be the official adversaries only.
The court decided in 3 instances that were, if possible, fully utilized: The New York Supreme Court  (first instance), the Appellate Division of the New York Supreme Court (the second instance) and the New York Court of Appeals (the last resort). Little known in the German-speaking world is the "amicus curiae) -a legal letter (but no intervention) to the court, by someone who supports a party by an advice, recommendations, etc.. The Golden Gate YC filed its own challenge for the Cup and than filed its first court case. The parties argued by 4 subjects, some of which results are summarized below: Regarding the Challenger of Record CNEV did not meet the rules of the Deed of Gift (DoG) was therefore annulled as Challenger of Record and replaced by the Golden Gate YC. Regarding the dates and the venue It was about when the preparation periods prescribed by the DoG begin to run. With the apeal at the court or the date of its final decision (last instance) Then there was the rule when races may be sailed (winter / summer, Northern or Southern Hemisphere) All proposed dates and venues have been discarded. At the last  has been agreed February 2010, again in Valencia. Regarding the rules of the match. The stern rudders of BOR90 are not a part of the length measurement, so the max LWL does not exceed 90 feet. Auxiliary engines and movable ballast do not contradict the DoG. Regarding the construction of the boats The design and some key components of BOR90 come from France. Alinghi's sails are manufactured in the USA. Both contradicts the DoG. On these points, the court would have decided after the races. But all disputes were settled before by a joint written statement of both YCs A detailed summary of the AC 2010 and its court actions are described in Wikipedia: http://en.wikipedia.org/wiki/2010_America%27s_Cup
33rd AMERICA's CUP 2010 Valencia, Spain
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