Yet more letters between Switzerland and the US
The Golden Gate Yacht Club (GGYC), and American sailing syndicate BMW Oracle, have fired back at Societe Nautique de Geneve (SNG), citing SNG’s letters to them on April 23 and May 5. GGYC finds that the letters “contain statements that [they] believe are inaccurate”.
Among the points made were:
“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.
” 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.
” 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.
To download the entire letter, visit ggyc.com .