This is turning into something of a manual news aggregation service, as I really don’t have much to add about the whole memo-by-affidavit battle currently being waged in the New York courts, as the Golden Gate Yacht Club/Oracle (GGYC), go up against Société Nautique de Genève/Alinghi (SNG) in their dispute over the Protocol for the 33rd America's Cup.

So I'll get straight to the point - and push you in the direction of Scuttlebutt where New York lawyer, Cory E. Friedman is following the proceedings in Justice Cahn’s court for that internet magazine.

First up, check out the second half of Cory’s analysis of the pre-start moves - the affidavit’s and memorandum filed by SNG ahead of yesterday’s court hearing. Then you can read Cory’s report on the hearing itself.

The bones of it is that both sides will file papers and the judgement will be based on those papers – there will only be a trial if Justice Cahn subsequently decides he needs one and that, apparently, is unlikely.

The schedule is that SNG will file on 17th September, GGYC on 1st October, with the responses being due between 5th and 19th October and a hearing on the 22nd October - when we may get a judgement and if not, if should emerge pretty soon afterwards.

So, this looks more like a two mile windward-leeward than a round the world race at this stage, let’s hope it stays that way. On this schedule, there’s a good chance the court case will be decided before the new rule for the ninety footers has even been announced – unless someone appeals…

You can read Alinghi’s take on it here…

And the GGYC’s view of yesterday’s action is right here…

Meanwhile, as we mentioned in Saturday’s post the America's Cup Management (ACM) Arbitration Panel have filed their full decision. There was a suggestion in the conclusions to the ruling, published on Saturday, that SNG/ACM might consider changing some points of the disputed Protocol. It turns out that these all relate to the Arbitration Panel’s own operation and SNG’s right to dismiss the Panel’s members and change its mechanics of operation - nothing here that is going to make GGYC much happier, and the New York Court will remain the focus of the argument. But if you've got the time, there's a lot of background stuff in that judgement that will likely also be coming before Justice Cahn, and it may help you make your own mind up - should you want to...

Elsewhere, the Valencia Sailing blogspot has an excellent account of a Desafio Espanol press conference (whose Club Nautico Español de Vela (CNEV) lawyers were in New York the same afternoon), in which they announced that Farr Yacht Design will be working for Desafio this time around.

If you’ve been paying attention, you should now be wondering – who’s going to be working with Russell Coutts at Oracle? Juan K was there with Farr last time, but he’s been linked to just about everybody, particularly the Brits. They are supposed to be presenting their design and sailing team at the Southampton Boat Show this Friday, so I guess we may all learn a little more about how the cards are falling out then.

It's not yacht racing as we know it, but it's not dull either, is it?

Mark Chisnell ©

Arbitration Panel Rules

Those of you who have been following the affair of the 33rd Protocol carefully, will remember that America's Cup Management (ACM) had referred the validity of Club Nautico Español de Vela (CNEV) (the Challenger of Record disputed by the Golden Gate Yacht Club (GGYC)) - to the Arbitration Panel set up by ACM to adjudicate over the 33rd America's Cup.

Whatever you thought about that, and GGYC didn't think much, the Arbitration Panel has just come to a decision. This is the ACM press release on the matter, which you can read here.

'This afternoon, the Arbitration Panel reached a decision on the ACAP 33/01 case, in the matter of the Protocol governing the 33rd America’s Cup and in the matter of an application filed by SNG on July 20, 2007 in respect of the validity of the challenge of Club Nautico Español de Vela (“CNEV”) for the 33rd America’s Cup. In compliance with directions from the Arbitration Panel, the full document will be made available from this website Monday September 10, but it the meantime this is the summary of the decision:

“[162] The decision of the Panel is the following:

The Panel (i) has the competence to rule on its own jurisdiction and (ii) also has jurisdiction to rule on the present matter;

The challenge for the 33rd America’s Cup made by CNEV on July 3, 2007 (i) is a valid challenge entitling CNEV to challenge for the America’s Cup as Challenger of Record and (ii) SNG is obligated to accept (as it was the first valid challenge it received);

The Protocol signed by SNG and CNEV on July 3, 2007 complies with the Deed of Gift; and

Although this does not affect the compliance of the existing Protocol with the Deed of Gift, the Panel believes that SNG and CNEV should consider amending the Protocol in respect of some of its provisions as stated in point points [155] and [156]."'

It will be interesting to see what changes the Panel have proposed in points 155 and 156. I guess we get to see that on Monday - will it be enough to keep GGYC happy? That's also the day when the action opens in Justice Cahn's court...

Mark Chisnell ©