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Justice Cahn rules in favour of a 2009 33rd America's Cup
While Alinghi and the Societe Nautique de Geneve may have suffered repeated defeats to date in the New York Supreme Court, with the result that they have taken their case with the Golden Gate Yacht Club/BMW Oracle Racing to the NYSC's Appellate Division, today they got their way when it comes to a date for the 33rd America's Cup. In his order published today Justice Cahn has stipulated that the 33rd AC will take place 10 months from his final order (ie today).
Given this - and assuming no changes are made between the two parties under the Deed of Gift's 'mutual consent' clause - then we shall see the first race held on Thursday, 12 March 2009 with the following two races (if needed) on Monday 16 March and Wednesday 18 March (Justice Cahn's order says races must be two business days apart).
In the judge's order he also specifies that the SNG must inform the challenger, the Golden Gate Yacht Club, of their choice of venue, be this Valencia or elsewhere, no later than six months before the date of the first match (ie 12 September 2008).
Central to this decision has been the Deed of Gift specifying that the challenger is obliged to give the defender 10 months notice from their challenge. In his deliberations over the last weeks, Justice Cahn has sided with the SNG in thinking that this 10 month period would exclude the so-called 'tolling' period, when the two parties were mid-litigation.
The upshot of this will probably result in a fairer 33rd America's Cup as March 2009 is the first occasion that both of the giant 90ft multihulls are likely to be ready to race. The SNG/Alinghi have constantly claimed that holding the Cup in November 2008 (as the GGYC have been fighting for) would have resulted in a one-sided affair.
Those familiar with Valencia will be overwhelmed with joy to realise that the dates proposed for the 33rd America's Cup fall directly over the lively Las Fallas festival when Valencianos are busy preparing to set fire to giant effigies of famous politicians.
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