America's Cup enters the court room, both sides await the decision

Despite a last minute attempt at a settlement between both sides the dispute between Alinghi and BMW Oracle entered the New York courts

As the teams wait, each issued their own statements.

BMW Oracle – The Golden Gate Yacht Club said today it welcomed the prospect of a speedy court ruling in resolving the issues surrounding the protocol for the next America’s Cup.
After a hearing in the New York State Supreme Court where Justice Herman Cahn said he would deliver his decision soon, the club’s spokesman, Tom Ehman, said the American team had presented a strong case that the Club Náutico Español de Vela (CNEV) challenge was invalid and the new protocol unfairly advantaged the defender.
“We were very pleased with today,” Ehman said. “Justice Cahn understands the issues. He said he would rule soon which is what we have sought from the start.”

Alinghi – Following today’s hearing, Justice Herman Cahn of the New York Supreme Court, reserved his decision on the litigation brought by the Golden Gate Yacht Club against the Société Nautique de Genève, the America’s Cup defending yacht club, over the validity of the Challenger of Record, Club Náutico Español de Vela. 

Justice Cahn allowed the parties to argue their positions and he focused his questions on the legitimacy of Club Náutico Español de Vela as Challenger of Record under the Deed of Gift.

Alinghi General Counsel Hamish Ross comments: “We are happy with the way the hearing went and look forward to a result. The argument is a technical one. It is a straight out legal interpretation of the Deed of Gift.”

Justice Cahn indicated he would issue a written decision which is expected in the coming weeks.
Société Nautique de Genève remains firm on the demands of BOR, a team which is still not party to the event and who has repeatedly tried to shift the focus from the validity of CNEV to a multitude of items linked to the Protocol and the Rules.

This said the SNG is still in communication with BOR and would welcome an appropriate resolution to allow the parties to move forward with the 33rd America’s Cup.