America’s Cup Champion Settles for Valencia after Legal Setback

Nov 20, 2009

Defending America’s Cup champion, Alinghi of Switzerland, which had hoped to make Ras al-Khaimah (RAK), United Arab Emirates the venue for its Cup defense against BMW Oracle Racing, gave up that bid and settled on an agreed-to compromise location — Valencia
If the challenger, BMW Oracle Racing, has as much success in the water as it has had in the American court system, Alinghi will be in for a battle when it begins its defense on February 8.
Last month, a New York state trial court ruled that RAK is not eligible to host the best-of-three series because of the bylaws set forth in that Deed of Gift. That instrument, created in 1887, suggests that race cannot be held in the Northern Hemisphere between Nov. 1 and May 1.
Part of Allinghi’s argument had been that previous court decisions eliminated that provision.
In a statement, BMW Oracle Racing’s Tom Ehman said at the time: “For two years Alinghi has attempted to turn the America’s Cup into the Alinghi Cup. For the ninth time, the court has said no. Golden Gate Yacht Club remains more determined than ever in its efforts to return the America’s Cup to an equitable competition with normal rules and procedures.”
Barry Ostrager, a New York lawyer, represented Swiss yacht club Societe Nautique de Geneve, which is alligned with Alinghi.
To view RAK’s Amicus Curiae Brief, visit here:


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