Following the New York Supreme Court decision in the legal battle opposing SNG (Alinghi) to GGYC (BMW Oracle), Sebastien Destremau from Adonnante.com has spoken to Alinghi's lead counsel, Mr Lucien Masmejean in New York.
New York 19/03/08
SD: Lucien, can you tell us what the feeling is inside the Alinghi camp right now?
LM: Mixed feelings actually: Given the time Judge Cahn has taken to deliver his decision, we were hoping for a different outcome and are disappointed that he ruled against us however we are pleased that a decision as finally been made and that finally the next America's Cup will be decided on the water.
SD: Mr Bertarelli was heard saying that he was NOT going to appeal the decision. What do you think has made him change his mind?
LM: We believe that Alinghi's got a very strong chance in an appeal scenario however it could delay the next America's Cup by months if not years and this is something we wish and have always wished to avoid as all costs. I remind you that we never wanted to go to court in the first place or hinder the America's Cup with the NY Supreme Court process. We have simply decided to be consistent and therefore to NOT appeal.
SD: Is there more legal action to come?
LM: Certainly not from us at this stage. We have been beaten fair and square by GGYC and are gracefully accepting the court room defeat. But let's not forget that the America's Cup is a sporting contest first and foremost and Alinghi was and is the best sailing team on the water. At last, we are looking forward to getting out of our corporate suits and putting our sailing gear back on. Thats where we belong and so does the sport.
SD: Speaking of sport, where are you at regarding the preparation for a DoG match?
LM: With the final decision being handed down this week, things are obviously going to heat-up now however we haven't even started building the multihull yet.
SD: You haven't started building yet? How come you are so behind?
LM: We'll start very soon but I can categorically confirm that Alinghi has not yet started our construction phase. Up until this week, there was no valid reason to begin construction. Our design team has been doing research and as the GGYC is required to give us 10 months to get ready, we believe we still have enough time to build and test our boats before the next America's Cup Match.
SD: Are you saying that the 10 months notice starts now?
LM: Not exactly, let me try to explain our view point. GGYC lodged their notice of challenge to SNG on July 11, they then filed their law suit on July 20, which is nine days. The New York Supreme Court handed down their final decision on March 18. So the 10 months (minus 9 days) notice period starts on March 19. This will take us to 7 January 2009. As the America's Cup cannot be sailed in the Northern Hemisphere during winter, the next available date is 1 May 2009 or thereafter. To have a decent event, we believe the European summer is best and we have written a letter to the GGYC proposing July 09 as the date for the Match but the Deed of Gift is forcing us to accept any date from 01 May 09. It is now up to the GGYC to decide the dates and the SNG prerogative to decide on the venue.
SD: GGYC could argue that the clock started on November 27 when Judge Cahn ruled against the CNEV and in favour of GGYC?
LM: Yes they can argue that point, but lets be crystal clear here. Alinghi will not be ready to race and should the Match be in 2008, this will not be a true and fair competition.
SD: Why can’t you be ready ?
LM: It takes a minimum of 5 to 6 months to build a boat like that and a few more months to have the boat ready to compete. Even if we started building right now we wouldn't have enough time to be ready properly. If GGYC wants to highjack the America's Cup and steal it this way, they can have it and we'll do something else. So be it.
SD: So what you are saying is that you want to ensure you have enough time to organise your defense and maintain an ethical sporting event with two deserving competitors?
LM: Exactly. We want to get the America's Cup out of the courtroom and get it back to where it belongs: On the water in a nice location with an ideal summer sea breeze. The America's Cup deserves the best and we'd like to provide that for the millions of fans that have been so disapointed since the 32nd event nine months ago. As the Defender this is the least we cando.
SD: You mentioned a nice location. Can you tell us where the 33rd Match will be held?
LM: We cannot decide on a venue without the dates being set so we need to take one step at a time. The first and most urgent step is to settle on a date with GGYC, then we'll work on a venue, race documents, measurements procedure, etc... there is so much to do if we want to have a fantastic33rd America's Cup.
SD: When are you supposed to inform the Challenger of the venue?
LM: Interestingly there is no requirement regarding when the Defender has to inform the Challenger where the event is going to be. Historically two to five months were given to the Challenger of a DoG match. We believe this will give GGYC sufficient time to ship all of their materials for the 33rd America's Cup.
SD: One can assume that there is room for negociation here: "You are reasonable regarding When and we'll let you know Where soon after?" Are you prepared to sit around a table with GGYC and discuss these issues?
LM: Anything is possible, but for now there is nothing we can do without a date. We urge GGYC to be reasonable and inform us on their preferred date in 2009. It would delay the Match even further if we are forced to return to Judge Cahn for a ruling as specifically written in his judgment.
SD: You mentioned race documents, measurement procedures etc ... Surely these must be agreed between the Defender and Challenger?
LM: You would think so, however there is nothing mentioning these in the case of a DoG Match. One can imagine how crucial these issues are, especially for the Challenger who is generally at the receiving end of the stick in this scenario. Should GGYC decide to play hard-ball with SNG, the 33rd America's Cup will be a pure Deed of Gift Match and surely this is not in anyone's interest.
SD: Is there anything you'd like to add?
LM: Yes, one final word: We would like more than anything to have a fair contest with an on-water battle between the two best sailing teams in the world on giant multihulls. We are looking forward to competing as one of those teams in 2009 and sincerely wish that the best team win!
SD: Thankyou Lucien for enlightening adonnante.com readers on Alinghi's current positions.
Source : Sebastien Destremau
