Appeals court rules in favor of U.S. in Cup lawsuit

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0402_cup_decisionThe New York Court of Appeals today reversed a lower court decision in a long-running legal dispute over the next America’s Cup, making Larry Ellison’s BMW Oracle Racing syndicate the Challenger of Record.

The court found that Club Nautico Espanol De Vela – the Challenger of Record selected by Alinghi, the Swiss syndicate that holds the Cup – does not meet the requirements under the Deed of Gift to challenge. The decision reinstates Oracle – backed by the Golden Gate Yacht Club – as the Challenger of Record.

This sets the stage for a potential one-on-one Deed of Gift match between Oracle and Alinghi in giant multihulls. Ellison has built a 90-foot trimaran that the team earlier this year sea-trialed on the West Coast. Ernesto Bertarelli, head of Alinghi, has said the syndicate is building a boat to sail against Oracle but has disclosed few details.

Click here for the court decision.


6 comments on “Appeals court rules in favor of U.S. in Cup lawsuit

  1. Barry Schwartz

    All this is, a battle of egos!  This is not sportmanship, or true sail racing as it was meant to be!  Time to go back to one-design, and let talent rule!

  2. Doug J

    I stopprd being interested after they went away from the 12 meters.  If you want a true America’s Cup, go back to a sturdy one design and no “hired gun” skippers and crews.  Skippers and crews, of each boat, should be natives of the country represented.  That would be a real race for national pride.

  3. Rhys W

    I agree, all it means is New Zealand will start cleaning up again, rather than having all the talent lured overseas by the million dollar contracts. 

  4. E.A. Cutts, Jr.

    The “America’s Cup” deed of gift indicates that the racing yachts are intended to foster advances in design and materials technologies. These advances were to have been made in the countries the racing yachts were representing. Although some changes and allowances have been made, the intend was not to be “one-design” race, but continue to be a platform for technological advancement. Some of these advancements through time  have been things such as wire rigging, turn buckles, solid rigging, recent carbon filament handling procedures and many more.

  5. BrianO

    Pity New Zealand did not fight so vigorously to exclude Alinghi from challenging for the America’s Cup in the first place – as I don’t beleive Alinghi technically had the required Yacht Club “Institution” in place at that time - nor did they have the now deemed “necessary Annual Regatta” prior to their challenge being mounted (albeit though they were not the Challenger of Record at that time) - but indeed a “spurious” challenge that then allowed Alinghi to win the America’s Cup from New Zealand in the first place. Is this, perhaps, Karma – is this JUSTICE being done ?
    Ironic that Dennis Connor should use a “Multi-Hull” to cleverly defend the US honor against the NZ “Surprise” challenge – and now it is the US who could well again use a “Multi-Hull” as the “Surprise Challenger” to take hold of the America’s Cup again - although, hopefully, not for as long a period of time as it was held originally. 

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