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After a brief hearing in the New
York Supreme Court today before Justice Cahn, the
Société Nautique de Genève (SNG) announced that
the Judge did not grant the Golden Gate Yacht Club’s
(GGYC) application for an injunction, and instead
ordered the parties to submit written legal arguments
designed to dispose of the case in the shortest
possible time.
The Judge set the 22 October as the date to hear
legal arguments to resolve the central issue, which
focuses on the validity of Club Náutico Español
de Vela (CNEV), the Spanish challenge, accepted
by the SNG after winning the 32nd America’s Cup.
The Spanish challenge, CNEV, also advised the Court
that it will intervene in the case as a party so
as to reinforce and confirm its legal standing as
Challenger of Record for the 33rd America’s Cup.
Importantly, this is the second successful legal
outcome in only a matter of days, following the
America’s Cup Arbitration Panel’s ruling over the
weekend that declared legitimate the Challenger
of Record, and that the 33rd Protocol complies with
the Deed of Gift.
"Naturally we are pleased with this outcome
which is another welcome positive result in this
unfortunate legal process," said Hamish Ross,
Alinghi General Counsel. "As we had asked the
Court, SNG will be submitting, as planned, its motion
to dismiss the case entirely, and we look forward
to having an opportunity to clear this matter up
as quickly as possible on the date set by the Court".
"We now need to draw a line under the uncertainty
and damage created by the Golden Gate Yacht Club
and BMW Oracle Racing’s actions and focus on the
future."
Meanwhile work continues apace on the 33rd Americas
Cup in Valencia following the first Competitors
Commission meeting on Friday of last week and with
further meetings being scheduled.
This period of consultation with the five registered
challengers runs until the end of October when the
new class rule will be published, ensuring that
the America’s Cup remains at the pinnacle of international
sailing.
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