New twist in America's Cup Legal

10:18 AM Sun 3 May 2009 GMT

'BMW ORACLE Racing - 90 ft trimaran sea trials - San Diego, now slated for disqualification.' BMW Oracle Racing &copy Photo Gilles Martin-Raget Click Here to view large photo

On Friday 1 May at 1719hrs, Sail-World (along with many others) received an alert from the New York State Unified Court system advising that a motion had been filed to 'Disqualify Counsel'.

It was widely believed to have been lodged by Societe Nautique de Geneve, seeking to disqualify one of the Golden Gate Yacht Club team, involved in their Contempt of Court action, set down for Hearing on the 14 May, in the New York Supreme Court.

That Contempt action is seeking to punish Societe Nautique de Geneve for advising that the 33rd match for the America's cup will be sailed three months later than previously Ordered by the New York Supreme Court.

Subsequently it has been confirmed to Sail-World by two independent sources that the Court alert was in error.

It is now believed that the Motion is one seeking to Disqualify BMW Oracle Racing from the 33rd America's Cup for not providing Societe Nautique de Geneve with the customs-house registry as required by the Deed of Gift, which requires this to be provided 'as soon as possible'.

It will be up to the New York Supreme Court to decide this matter. One legal source spoken to by Sail-World late last week the such a motion would get a 'short shrift' by the Supreme Court, given the Appeal Court's direction 'It has been posited that the right to act as a trustee of the America's cup should be decided on the water and not in a Courtroom. We wholeheartedly agree.'

The customs-house registry is a document provided by a body authorised in each country to maintain a registry of ships.

It contains some physical measurements and a physical description of the vessel plus a registry number that has been assigned to it.

In the previous Match conducted under the Deed of Gift provisions the customs-house registry document was sent to the Defender, the San Diego Yacht Club just three months before the 27th Match.

The 33rd Match for the America's Cup is still subject to dispute on the dates, however it will be sailed in nine or 12 months time.

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New twist in America's Cup Legal

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