New York Supreme Court orders 33rd America’s Cup to be Deed compliant
27-10-2009
The New York Supreme Court today ruled that the 33rd America’s Cup, scheduled in February 2010, must take place in a venue in the Southern Hemisphere as per the strict reading of the competition’s governing document, the Deed of Gift, or in Valencia, Spain, as the only exception to that rule.
“This is a disappointing result as we were certain that Justice Cahn's May 2008 decision allowed the Defender to chose Valencia or ‘any other location’,” said Lucien Masmejan, Société Nautique de Genève (SNG) legal counsel. “Ras Al Khaimah has put enormous time and effort into this 33rd America’s Cup project. We thank them and feel sorry for this unexpected result out of the New York court”.
“We are satisfied, however, as Justice Kornreich confirmed that the Deed of Gift Match will be conducted under SNG rules as she had already ruled in a previous court order,” added Lucien Masmejan.
Note to the editor:
While the 1887 Deed stipulates that racing for the America’s Cup between 1 November and 1 May must take place in the Southern Hemisphere, Justice Cahn’s 12 May 2008 New York Supreme Court Order ‘that the location of the match be in Valencia 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.
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