First decision by the New York Supreme Court
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The New-York Supreme court handed down their first decision on Wednesday Septemeber 10th deciding not to take any first actions in the conflict between Oracle and Alinghi concerning the subject of the next edition of the Cup.
Last August 28th, the New York Supreme Court announced that they had decided to accelerate the proceedure following legal actions brought by the Yacht Club representing Oracle contesting the protocol for the 2009 America's Cup in Valencia. The judges fixed September 10th as the first hearing date and required the Société Nautique de Genève, Alinghi's yacht club, to quickly present its defense and as late as September 5th.
After Alinghi's victory and the the publication of the Protocol for the 33rd America's Cup last July 5th, the Americans from Oracle rebuked the Swiss for having custom made the Protocol, signed by a Spanish yacht club in attempt to entirely monopolize the rights of the organisation.
The New York Supreme court therefore, as expected, handed down their first decision on September 10th. They have decided not to take any first actions in the conflict between Oracle and Alinghi concerning the subject of the next edition of the Cup.On the other hand, the court requested that the two parties submit written legal arguments in the affair as soon as possible. The judge fixed the 22nd of October as the date to hear the legal arguments and settle the question as to the validity of the Club Náutico Español de Vela (CNEV), the Spanish challenge that SNG accepted after it's victory of the 32nd America's Cup. The CNEV for its part told the court could intervene in the proceedings as a party and confirm its legal position as Challenger of Record for the 33rd America's Cup.
To be continued and the next « rendez-vous » will be October 22nd!
Fdb, 12 september 2007
After Alinghi's victory and the the publication of the Protocol for the 33rd America's Cup last July 5th, the Americans from Oracle rebuked the Swiss for having custom made the Protocol, signed by a Spanish yacht club in attempt to entirely monopolize the rights of the organisation.
The New York Supreme court therefore, as expected, handed down their first decision on September 10th. They have decided not to take any first actions in the conflict between Oracle and Alinghi concerning the subject of the next edition of the Cup.On the other hand, the court requested that the two parties submit written legal arguments in the affair as soon as possible. The judge fixed the 22nd of October as the date to hear the legal arguments and settle the question as to the validity of the Club Náutico Español de Vela (CNEV), the Spanish challenge that SNG accepted after it's victory of the 32nd America's Cup. The CNEV for its part told the court could intervene in the proceedings as a party and confirm its legal position as Challenger of Record for the 33rd America's Cup.
To be continued and the next « rendez-vous » will be October 22nd!
Fdb, 12 september 2007