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America's Cup Management has set
out a very factual summation of the various issues
that are on the table for the 33rd/34th America's
Cup and the three paths of dispute that are being
followed.
For those who struggle with things legal, this is
simple as the dispute between SNG and GGYC is now
proceeding on three paths.
(i) the arbitration before the arbitration panel
under the 33rd Protocol
1) SNG, CNEV (Club Nautico Español de la Vela),
ACM and Royal Thames have made submissions to the
Arbitration Panel.
2) GGYC was invited to participate in the arbitration
but refused. 3) A ruling is expected as to the validity
of CNEV’s challenge in the coming weeks. Note: Two
of the three arbitrators were also arbitrators for
the 32nd America’s Cup.
(ii) the complaint filed by GGYC in NY court
1) GGYC’s complaint which challenges CNEV’s status
as Challenger of Record was dated 20 July but was
not served on SNG until 17 August.
2) SNG’s response is due in mid-September. 3) SNG
believes GGYC’s claims are without merit and will
defend itself against them.
(iii) On 22 August GGYC applied to the NY court
seeking
1) An expedited schedule for the case commenced
by GGYC’s complaint under which discovery (the exchange
of information between the parties) would be completed
in September and trial would be held in October,
and
2) A preliminary injunction requiring that SNG
(i) provide GGYC with SNG’s club sailing rules and
(ii) identify where a two-team match between SNG
and GGYC in July 2008 would be held.
3) The 22 August “order” of the NY court only sets
a schedule for the parties’ submissions on GGYC’s
application and in no way addresses the substance
or merit of the application.
4) SNG’s written response to the motion is due to
be filed 5 September.
5) A hearing on the motion before the NY court is
scheduled for 10 September.
6) The complaint and the motion are part of the
same case and are before the same Judge (Justice
Cahn) in NY.
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