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Reale Yacht Club Canottieri Savoia
(“RYCCS”) and Mascalzone Latino have submitted an
amicus curiae brief to the Court Case between Golden
Gate Yacht Club and Société Nautique de Genève
and to bring their views to the attention of the
Court.
"It is unfortunate that the America’s Cup is
in court once again", said Alessandra Pandarese,
general counsel of Mascalzone Latino and former
Chair of the Challenger Commission. "But no
one, especially the defender, can be surprised that
this has happened: the Protocol, promulgated by
SNG with Club Náutico Español has essentially eliminated
the role of the Challenger".
"In so doing, the Protocol contravenes the
core terms of the Deed of Gift that created the
America’s Cup, which provides that the Cup shall
be “a perpetual Challenge Cup."
Mascalzone submit that the group of provisions relating
to SNG, through America’s Cup Management controlling
unilateral power to disqualify a challenging team;
ACM power to appoint all race officials, ACM power
to establish unilaterally the rules for all the
phases of the event, and the class rules, have altered
the nature of the America’s Cup from the “Challenge
Cup”, to a type of competition totally governed
by the Defender, in contravention of the basic principles
of the Deed.
Mascalzone Latino submit that the Court should exercise
its jurisdiction, enforce the terms of the Deed,
and protect this historic sporting event from the
Defender’s usurpations. Meantime a fair Protocol
is being drafted with GGYC, and it will be submitted
to all other challengers and all inputs will be
welcomed.
Now it is time for SNG/Alinghi to be finally available
to discuss and reach true mutual consent.
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These are the reasons that
brought Vincenzo Onorato to intervene once
again:
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a) the submission of the
amicus brief.
"GGYC/Oracle is not the only team that contest
the Protocol –underlines Onorato- we feel
we have expressed the opinion of the sailing
community that is interested in this event
and wants it to remain competitive and not
preconditioned in favour of the Defender."
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b) the reasons of the court
case between SNG and GGYC and the conflict
surrounding the Cup.
"The conflict arose from the content of the
Protocol and the case was brought by Oracle
substantially to challenge this document signed
between the defender and the challenger of
record Club Náutico Español de Vela".
"If the Protocol had not distorted the
event structure and totally eliminated the
role of the Challenger from the XXXIII AC,
we would probably all be in Valencia already.
"You would have to ask Ernesto Bertarelli
- who said on many occasions that the XXXII
edition of the Cup was the best ever held
- why he has totally rewritten the rules?
Wouldn’t it have been better to improve on
the previous text, perhaps even with the actual
inputs from the challengers?"
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c) Possible postponement
of the Cup.
"A postponement is probably inevitable. Nevertheless
as far as we are aware ACM did not consult
any of challengers that are already registered
before sending this release. ACM is continuing
to make a fundamental mistake: behaving as
if it were an organisation like the FIA, CIO,
etc. Due to the peculiarity of the America'
s Cup, ACM arises from the Holder of the trophy,
therefore the power should not and cannot
be absolute. In substance we hope that the
orientation expressed in the release means
that SNG has finally decided to come to the
table and review all of the disputed matters."
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d) Mascalzone Latino’s participation
in the next Cup.
"We are certainly ready to participate and
it is for this reason that we are intervening
in order to try to improve the rule context."
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