America's Cup defender believes order violates earlier ruling
Dubai: The Defender of the 33rd America's Cup, Société Nautique de Genève (SNG), has decided to appeal New York Supreme Court Justice Shirley Kornreich's decision to reject Ras Al Khaimah as the next venue for the America's Cup.
In her order dated October 30, Justice Kornreich decreed that Ras Al Khaimah could not be a venue for the race as it violates the Deed of Gift governing the America's Cup.
The SNG has now applied to the same court for an expedited appeal to avoid any further delay to the February 2010 Deed of Gift Match to be contested between Alinghi and Challenger BMW Oracle Racing.
The choice was made based on the plain language of Justice Cahn's (Kornreich's predecessor) Court Order in May last year that ruled that "the location of the 33rd America's Cup Match could be in Valencia or any other location selected by the SNG".
The suitability of the weather conditions for a February Deed of Gift Match, the infrastructure offered by the country and the experience the UAE brings in organising world-class sporting events was among the reasons why RAK got the nod from Alinghi.
However, BMW Oracle Racing went to court a seventh time this time contesting that the Deed of Gift stipulates that racing for the America's Cup between November 1 and May 1 ought to take place in the Southern Hemisphere.
And Justice Kornreich stuck to the Deed of Gift and went contrary to the order passed by Justice Cahn on May 12, 2008.