America's Cup: New York Supreme Court declines to rule before Match

6:36 PM Fri 29 Jan 2010 GMT

'Alinghi 5 will be allowed to sail in the America’s Cup with her US manufactured sails and may argue their legality later in Court' George Johns/Alinghi

According to a new release by America's Cup Defender Societe Nautique de Geneve, the New York Supreme Court has declined an expedited Hearing on the Constructed in Country issue, and has ordered to two competitors to race now, and argue later.

The decision, given by telephone, is consistent with then Justice Carmen Ciparick's ruling in 1988 in the MisMatch, over arguments raised by then Challenger Mercury Bay Boating Club as to whether a Match had, by definition to be fair - between two similar boats, not a 65ft catamaran and a 130ft monohull.

In that decision Ciparick refused to intervene and delay the match, instead she told the parties to race and resolve their issues later if need be.

The Match did proceed, not unexpectedly the catamaran beat the monohull, and Ciparick later held that the word Match did have an implied term of fairness, and that the Defender had breached that retrospective interpretation, and the America's Cup was awarded to the New Zealand Club. That decision was later overturned on Appeal and the America's Cup was re-instated to San Diego yacht Club.

Interestingly, San Diego YC, like the current Defender SNG, were subject to a barrage of Court actions most of which they lose and were close to being sued for Breach of Fiducial Duty on two occasions. However although the lost in Court on five separate issues, including one, according to sources spoken to by Sail-World, where they had unilaterally attempted to change the 19th century Deed of Gift. The Californian club won the final Appeal and retained the America's Cup.

The Statement just issued by Societe Nautique de Geneve reads:

Justice Kornreich of the New York Supreme Court informed the America's Cup defending yacht club, Soci?t? Nautique de Gen?ve, and the challenging Golden Gate Yacht Club today via telephone conference that she will not hear the American challenger's complaint regarding the 'constructed in country' requirement of the Deed of Gift before the 33rd America's Cup Match which is scheduled to begin on 8 February.

This means the 33rd America's Cup is free to proceed as ordered by previous New York rulings: in Valencia on the 8, 10 and 12 February.

"This is excellent news. We are delighted that BMW Oracle's attempts to disqualify Alinghi and to win the America's Cup in court have been denied. We look forward to meeting them on the start line here in Valencia on 8 February to race for the Cup; something they can no longer try to avoid," said Ernesto Bertarelli - two-time America's Cup winner - on hearing the news when returning ashore after today's race training session.

Ernesto Bertarelli, Rita Barbera, the Mayor of Valencia, Francisco Camps the President of the Valencia Region and Fred Meyer of Societe Nautique de Geneve at the Alinghi 5 function in Valencia. - Alinghi Team

Other news:

The America's Cup trophy arrives at the Alinghi base in Valencia Sport's oldest active trophy arrives at the Alinghi base, the America's Cup Defender's home, in Valencia

The sterling silver ewer once known as the '?100 Cup' and named the 'America's Cup' after America, the yacht of the same country that fought off the British fleet around the Isle of Wight in 1851, is the most sought after trophy in the sport of sailing.

It has resided at the Soci?t? Nautique de Gen?ve (SNG) in Switzerland since 2003 when the representing team, Alinghi - a first time challenger - wrestled it from the two-time winner, Team New Zealand, and returned it to Europe for the first time since the original race.

Alinghi successfully defended the America's Cup for SNG in 2007 securing the trophy's Swiss residency until today when the Cup arrived at the Defender's base in Port America's Cup, Valencia, where it will be exhibited to the public in the house of the America's Cup at the Alinghi base.

On site to welcome the trophy's arrival were Ernesto Bertarelli, Alinghi team president, who had just completed a day's race training on Alinghi 5; Rita Barber?, the Mayoress of Valencia; Ricardo Peralta, Spanish government delegate and Vicente Rambla, vice president Valencia regional government.

"It is fantastic to see the Cup back in Valencia and in its home at the Alinghi base; I very much hope that visitors will enjoy the America's Cup during its stay," said Ernesto Bertarelli, team president.

Rita Barber? invited the public to come and see the America's Cup at the Alinghi base and said: "I feel very touched to see the Auld Mug again. It's back home! This is going to be a unique edition of the Cup.

Common sense has prevailed. This America's Cup has to be decided on the water. The 8 February is round the corner and there is going to be an event!"

Alinghi is hosting a Public Open Day on Sunday 31 January from 09:00-18:00 - All are welcome!

America's Cup visiting times are: 11:00-18:00 seven days a week

by Richard Gladwell and Alinghi Media