Thursday, September 27, 2007

2007 ISAF Rolex World Sailor of the Year Nominations

Source: ISAF
ISAF and Rolex are proud to announce the shortlisted nominees for the ISAF Rolex World Sailor of the Year Awards 2007.
The criteria for nomination for the ISAF Rolex World Sailor of the Year Awards 2007 was "outstanding sailing achievement" in the period 1 September 2006 to 31 August 2007. ISAF received numerous nominations for sailors from across the world and in a variety of disciplines who met the criteria.
The nominees are:
Sarah AYTON, Sarah WEBB & Pippa WILSON (GBR)
Marcelien DE KONING & Lobke BERKHOUT (NED)
Claire LEROY (FRA)
Vincenzo ONORATO (ITA)
Robert SCHEIDT & Bruno PRADA (BRA)
Rohan VEAL (AUS)
The ISAF Member National Authorities (MNAs) - the national governing bodies for sailing around the world - are now invited to vote for the one female nominee and one male nominee whom they feel deserves the honour of receiving the ISAF Rolex World Sailor of the Year Award 2007.
The winners will be announced at the ISAF Rolex World Sailor of the Year Awards Dinner and Presentation which is being held on Tuesday 6 November 2007. The venue for the events is the beautiful Penha Longa, a historic and gracefully restored monastery in the hills just outside Estoril in Portugal.
Each winner will be presented with the prestigious ISAF Rolex World Sailor of the Year Award Trophy and a distinctive Rolex timepiece.

Tuesday, September 11, 2007

New York Court does not grant Injunction

[Source: Alinghi]

After a brief hearing in the New York Supreme Court today before Justice Cahn, the Société Nautique de Genève (SNG) is pleased to announce that the Judge did not grant the Golden Gate Yacht Club’s (GGYC) application for an injunction, and instead ordered the parties to submit written legal arguments designed to dispose of the case in the shortest possible time. The Judge set the 22 October as the date to hear legal arguments to resolve the central issue, which focuses on the validity of Club Náutico Español de Vela (CNEV), the Spanish challenge, accepted by the SNG after winning the 32nd America’s Cup.

The Spanish challenge, CNEV, also advised the Court that it will intervene in the case as a party so as to reinforce and confirm its legal standing as Challenger of Record for the 33rd America’s Cup.

Importantly, this is the second successful legal outcome in only a matter of days, following the America’s Cup Arbitration Panel’s ruling over the weekend that declared legitimate the Challenger of Record, and that the 33rd Protocol complies with the Deed of Gift.

“Naturally we are pleased with this outcome which is another welcome positive result in this unfortunate legal process,” said Hamish Ross, Alinghi General Counsel, adding: “As we had asked the Court, SNG will be submitting, as planned, its motion to dismiss the case entirely, and we look forward to having an opportunity to clear this matter up as quickly as possible on the date set by the Court. We now need to draw a line under the uncertainty and damage created by the Golden Gate Yacht Club and BMW Oracle Racing’s actions and focus on the future.”

Meanwhile work continues apace on the 33rd Americas Cup in Valencia following the first Competitors Commission meeting on Friday of last week and with further meetings being scheduled. This period of consultation with the five registered challengers runs until the end of October when the new class rule will be published, ensuring that the America’s Cup remains at the pinnacle of international sailing.

Saturday, September 08, 2007

Arbitration Panel confirms validity of CNEV

On Friday the AC33 Arbitration Panel investigating the validity of the CNEV (Spanish) challenge for the 33rd America's Cup reached its decision. And what do you think that decision might be...

It is interesting however, that the arbitration panel has made a recommendation to SNG and CNEV to amend some of the provisions in the protocol. I can't wait to read what these may be on Monday. Perhaps the right of Alinghi to sail in the challenger elimination?

By America's Cup Media 07-09-2007

This afternoon, the Arbitration Panel reached a decision on the ACAP 33/01 case, in the matter of the Protocol governing the 33rd America’s Cup and in the matter of an application filed by SNG on July 20, 2007 in respect of the validity of the challenge of Club Nautico Español de Vela (“CNEV”) for the 33rd America’s Cup.

In compliance with directions from the Arbitration Panel, the full document will be made available from this website Monday September 10, but it the meantime this is the summary of the decision:

“[162] The decision of the Panel is the following:
- The Panel (i) has the competence to rule on its own jurisdiction and (ii) also has jurisdiction to rule on the present matter;
- The challenge for the 33rd America’s Cup made by CNEV on July 3, 2007 (i) is a valid challenge entitling CNEV to challenge for the America’s Cup as Challenger of Record and (ii) SNG is obligated to accept (as it was the first valid challenge it received);
- The Protocol signed by SNG and CNEV on July 3, 2007 complies with the Deed of Gift; and
- Although this does not affect the compliance of the existing Protocol with the Deed of Gift, the Panel believes that SNG and CNEV should consider amending the Protocol in respect of some of its provisions as stated in point points [155] and [156].”

Saturday, September 01, 2007

33rd America's Cup Dispute Timeline

ACM have set out the timeline for the dispute resolution as below.

By America's Cup Media

Golden Gate Yacht Club v. Société Nautique de Genève: Arbitration/Litigation status (as of 24 August 2007)28-08-2007

In order to keep our readers up to date with news of the dispute playing out in the New York court between the Golden Gate Yacht Club and the Société Nautique de Genève, we have drawn out a simple timeline and explanation which explains the steps that have been taken and the ones to come.

The dispute between SNG and GGYC is now proceeding on three paths: (i) the arbitration before the arbitration panel under the 33rd Protocol, (ii) the complaint filed by GGYC in NY court, and (iii) the motion filed by GGYC in NY court.

- SNG, CNEV, ACM and Royal Thames have made submissions to the Arbitration Panel.
- GGYC was invited to participate in the arbitration but refused.
- A ruling is expected as to the validity of CNEV’s challenge in the coming weeks.
- Two of the three arbitrators were also arbitrators for the 32nd America’s Cup.

Litigation: GGYC’s Complaint
- GGYC’s complaint which challenges CNEV’s status as Challenger of Record was dated 20 July but was not served on SNG until 17 August.
- SNG’s response is due in mid-September.
- SNG believes GGYC’s claims are without merit and will defend itself against them.

Litigation: GGYC’s Motion
- On 22 August GGYC applied to the NY court seeking:
- An expedited schedule for the case commenced by GGYC’s complaint under which
discovery (the exchange of information between the parties) would be completed in
September and trial would be held in October, and
- A preliminary injunction requiring that SNG (i) provide GGYC with SNG’s club sailing
rules and (ii) identify where a two-team match between SNG and GGYC in July 2008
would be held.
- The 22 August “order” of the NY court only sets a schedule for the parties’ submissions on GGYC’s application and in no way addresses the substance or merit of the application.
- SNG’s written response to the motion is due to be filed 5 September.
- A hearing on the motion before the NY court is scheduled for 10 September.
- The complaint and the motion are part of the same case and are before the same Judge (Justice Cahn) in NY.