The Laundry List.

America's Cup Jury to hear Redress, Rulings Expected Soon.

The America's Cup International Jury heard presentation Monday on five issues where the Challenger, BMW Oracle Racing of the Golden Gate Yacht Club (GGYC) is seeking redress for what it believes are violations of rules as interpreted by the New York Supreme Court.

BMW Oracle believes that the rules written in the Notice of Race or Sailing Instructions by Alinghi may violate the America's Deed of Gift or the orders of the NY Supreme Court that enforce the Deed. The jury is expected to release rulings on these questions beginning Tuesday. At least one additional issue will be heard tomorrow.

Golden Gate YC Statement (complete):
Tom Ehman, Spokesman: "The five-person International Jury for the 33rd America’s Cup met for the first time today. Under consideration were five vital requests by GGYC to ensure fair and equitable racing: (our take)

• Can the defender unilaterally select wind and wave limits?
No. There is no wind and wave restriction contemplated in the Deed of Gift. The only restrictions have been instituted by mutual consent.

• Is Mutual Consent required to select race start times?
No. The Deed is specific on a seven hour time limit. With the shortness of daylight in the Winter in Spain, the only reasonable start time to ensure completion in day light is to start at 10:00 AM CET OR 4:00 AM EST.

• Can wind detection equipment be used?
Yes. This is an unlimited technology race, with few rules.

• Can friction reduction systems be used?
Yes, as long as it does not emit toxins into the Mediterranean. No loss if jury reverses.

• Are the regatta rules contradictory?
The New York Supreme Court was very clear: NO TRICKS.

"'The fact the hearing lasted from 1100 to 1730 proves that the issues being considered are significant and that the Jury gave the challenger and defender full opportunity to present their cases,' said Ehman.

"The meeting was adjourned. International Jury Chairman David Tillett indicated that the findings of his panel will be released tomorrow afternoon. A further hearing concerning GGYC’s request for redress over measurement will also be heard tomorrow at 1900."


NY Court Does Not Delay America's Cup Match; Hearing Not Expedited

From Alinghi: "Justice Kornreich of the New York Supreme Court informed the America's Cup defending yacht club, Société Nautique de Genève, and the challenging Golden Gate Yacht Club today via telephone conference that she will not hear the American challenger's complaint regarding the 'constructed in country' requirement of the Deed of Gift before the 33rd America's Cup Match which is scheduled to begin on 8 February."
As noted in my last report, the Court will withhold any further judgements until after the races have been completed.


Golden Gate YC Statement (complete):
Tom Ehman, Spokesman: "The New York Supreme Court said today that, due to its busy schedule, the hearing on the 'constructed-in-country' issue could not be expedited. Therefore, it appears unlikely that a hearing will take place before the America’s Cup match begins on February 8th.

"It is unfortunate that the legality of Alinghi’s American-made sails probably will not be decided before the Match. However, it will be decided eventually."