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3:46 AM Fri 22 May 2009 GMT
The Open Letter has been one of the tools of war in the 33rd America's Cup.
Two more have been issued in the last couple of days. Their objective is two-fold. First to put information into the public arena, and secondly to encourage the public to see things their side's way. The PR war is of equal import in off the water America's Cup battles, mattering as much as exchanges between their respective 'Learned Friends' in front of the Bench.
These two letters are connected but separate. The first from Golden Gate Yacht Club, Challenger of Record, responds to two letters written by the Defender, Societe Nautique de Geneve.
Both state the position as they would like to have others see them. Whether that bears any relation to reality is quite another matter.
For many the release of Open Letters is just another round of two billionaires slugging it out at close quarters with handbags. Slightly spectacular, mildly amusing, but always the reaction is the same. Most don't know whether to laugh or cry. The overwhelming impulse is just to just bang a few (expensive) heads together.
In the latest verbal fisticuffs, reference is made to a 'Newsletter SNG-Alinghi' which was distributed in French, and for which Sail-World does not have an accurate translation. To be charitable one would hope that some of the claims in that document were lost in translation, or that some words and terms have one meaning in French but do not translate directly to English.
Whatever, SNG/Alinghi are entitled to write what they like to their supporters, whether that information is accurate and impartial is another issue, however it is not binding on anyone.
Quite where this all takes us, is another matter. Some would see these as setting the scene for further legal battles extending beyond the 33rd Match itself.
We don't see it that way. These are mere posturing.
From BMW Oracle Racing's perspective they are designed to tip Alinghi's hand as to the Defence venue, and putting them on notice about the size and type of yacht with which they are permitted to respond to the US club's Challenge.
From the Alinghi side, they take umbrage at any perceived coercion on the venue selection, on which the Court Orders are now very clear. They would have been better advised to say nothing, and their repudiations are to restate the obvious. Placing any weight on utterances at a media conference, are lifting such affairs to a new level which they do not deserve - particularly when only one party is represented.
Whatever the outcome of the paper war, the winner on the water on 10-15 February 2010 will hold all the cards, regardless of later litigation. And upsetting a win on the water, in the Courtroom, will be a very difficult task, whatever the reasons cited. And certainly we can expect to see the winner get into full on organisation of the 34th America's Cup, probably from Valencia, in the same way that Alinghi did following their win in the Appellate Division of the New York Supreme Court - getting a lot achieved in a relatively short time.
The full text of the letters from Societe Nautique de Geneve and Golden Gate yacht Club are as follows:
From Golden Gate Yacht Club to Societe Nautique de Geneve.
May 20, 2009
Vice Commodore Fred Meyer
Chairman, America's Cup Committee
Soci?t? Nautique de Gen?ve
Port Noir
CH-1223 Cologny
Switzerland
Dear Vice Commodore:
Thank you for your letter of April 23, 2009 following the meeting in Geneva between representatives of our two Clubs. This is in follow up to that meeting, and to your letters to us of April 23, 2009 and May 5, 2009.
Your letters of April 23 and May 5, 2009 contain statements that we believe are inaccurate. We will not respond substantively to each of those but state that we do not here intend to waive any rights or make any admissions by virtue of this letter, but rather we intend to reserve all rights on all matters.
Your request that we 'finally declare [our] challenging vessel' is moot inasmuch as we did so when we filed on July 11, 2007 our Notice of Challenge and Challenge Certificate, which have been re-validated by the Court of Appeals ruling of April 2, 2009 and the Order and Judgment of the New York Supreme Court entered on April 7, 2009. For the avoidance of doubt, our yacht will be named USA. As stated to you at our meeting on April 23rd, we have no further obligation to 'declare' a vessel. We reject your assertion that we have ever referred, in writing or otherwise, to our challenging yacht as a monohull.
At our April 23rd meeting SNG rejected out of hand our proposals for a conventional, multiple-challenger America's Cup event in monohulls and has refused to negotiate terms beyond 'the default terms of the Deed of Gift.' We view your offer of a 'reasonable extension of time' so that other challengers might build yachts that meet our Challenge Certificate, and participate in a challenger selection series otherwise held under the Deed's default terms, was plainly a ploy by SNG to gain more time by postponing the February 2010 race date mandated by the Court of Appeals, and the April 7, 2009 Order and Judgment, confirmed last week by the Court.
As to the 'arrangements' in the absence of mutual consent enumerated in your April 23, 2009 letter at pages 2-3, we respond as follows:
1. We will rely on your expressed commitments in paragraph 1.
2. We assert that the Deed does not permit you to race a two-masted yacht, given that our Challenge Certificate describes a single-masted yacht.
3. We expect you to abide by the Order and Judgment and all directives of the New York Courts in this regard.
4. In accordance with the Deed, the April 7, 2009 Order and Judgment and confirmed by the Court last week, the regatta will be at Valencia, Spain, or any other location of SNG's choice that is Deed-compliant, provided SNG notifies us of the location of the ocean courses on or before August 8, 2009. Notwithstanding your 'Newsletter Alinghi-SNG' distributed yesterday and widely publicized by the media, 'Deed-compliant' means, among other things, that the location (if other than Valencia) must be in the Southern Hemisphere. We are, however, willing to negotiate with you alternative Northern Hemisphere locations for the February 2010 Match if SNG so desires.
5. We agree provided SNG advises GGYC of the location of these ocean courses on or before August 8, 2009.
6. We reject your assertion that SNG can make up the rules as you go along. In preparing for the Match we have relied, in both our design and construction processes, on the fact that the Match shall be raced, as the Deed provides, under SNG's 'rules and sailing regulations so far as the same do not conflict with the provisions of this deed of gift.' That means the ISAF Racing Rules of Sailing ('RRS') at the time we challenged in July 2007, without any modification to those rules except as agreed with us under the Deed's mutual consent provision. For SNG to now unilaterally attempt to modify your 2007 rules, let alone make up new rules as you go along, makes a mockery of the Deed and the RRS. We agree that, as mandated by the Deed, there shall be no time allowances.
7. We agree that SNG need not name their representative vessel until the time agreed between SNG and GGYC for the start of the first race. We agree that the design and construction elements of your yacht shall be of your choosing, subject of course to the requirements of the Deed of Gift including, but not limited to, the requirements that the yacht be a single-masted yacht, 'propelled by sails only,' and that it be constructed in Switzerland.
8. We reject your assertion that SNG may adopt special measurement regulations, for the same reasons as are set out in paragraph 6 above.
Regardless, we remain willing to negotiate other conditions governing the 33rd America's Cup Match; however we insist that a stenographer be present at any future meeting.
Sincerely,
GOLDEN GATE YACHT CLUB
Marcus Young
Commodore
_______________________________________________________________________________________
And from Societe Nautique de Geneve to Golden Gate Yacht Club
33rd America's Cup
Dear Commodore Young and Messrs. Coutts and Ehman,
We have been informed that Messrs. Ehman and Coutts have on behalf of GGYC and its racing team BMW Oracle invited the media to a press conference today at its Valencia racing base, with the stated purpose of arguing that SNG must choose either Valencia or a Southern Hemisphere venue as the site of the next America's Cup.
We invite you to refrain from any declaration at this Press Conference that would be contradictory to the last Court Orders of Justice Kornreich and Cahn, which stated that: SNG is entitled to select Valencia 'or any other location' for the next Cup, which means any Northern or Southern Hemisphere venue. We draw you attention to the fact that any wrong declaration you may make will create uncertainty, will jeopardize SNG efforts to select a proper venue in the Northern Hemisphere and will create a significant material damage to the America's Cup trust.
With today's letter, we want to repeat again that SNG will specify Valencia or any other venue in the Northern or Southern Hemisphere in due course. We note that in July in 2008 in a press conference, held in Munich (Germany), just 2 months after Justice Cahn issued its order, Mr. Russell Coutts already acknowledged SNG right to select a Northern Hemisphere Venue in winter by declaring to the media that 'We think Valencia makes a lot of sense, but the Defender has flexibility to chose in Northern or Southern Hemisphere'.
If GGYC does not agree that SNG is entitled to select any venue in the Northern or Southern Hemisphere, GGYC's sole recourse is now to return to court and/or to appeal the Order. Unless GGYC immediately appeals or returns to Court and the Court modifies the existing orders, SNG will select Valencia Spain or any other venue in due course.
GGYC's media efforts are aiming to jeopardize SNG's efforts to negotiate with and select a suitable venue for the 33rd America's Cup. If GGYC, Mr Coutts and Mr Ehman do not stop their efforts to impair SNG's ability to host the next Cup and therefore cause a damage to the America's Cup trust, SNG will hold each of them directly and personally responsible for the consequences arising thereof.
Yours sincerely,
Fred Meyer Alec Tournier
Vice-Commodore General Secretary
and Chairman of America's Cup Committee
by Richard Gladwell
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