Academic

America's Cup Litigation: Golden Gate Yacht Club Prevails

By Calvin Massey

   Last August I posted a comment concerning the NY Appellate Division's ruling in this litigation.  That intermediate appeals court ruled that the Spanish challenger, a hastily organized yacht club that had never conducted a regatta on an ocean course, was a valid challenger despite the requirement in the Deed of Gift that a challenger must have conducted such a regatta.  The New York Court of Appeals has reversed, ruling that the requirement is unambiguous and that the Spanish challenger failed to meet it.  The result is that the Golden Gate Yacht Club of San Francisco is the challenger of record.  Unless the GGYC and the Societe Nautique de Geneve, the defender, can agree on a protocol for the next challenge it will consist of a match race series between multihulls representing GGYC and SNG.  This is reminiscent of the 1988 defense by Stars and Stripes, a catamaran.  That America's Cup challenge was also embroiled in litigation involving Justice Ciparick, author of the present decision.  I think the ruling of the NY Court of Appeals comports with both the letter and the spirit of the Deed of Gift.  Let's hope that the GGYC and the SNG can agree on a protocol that admits of multiple challengers.  

Full post as published by The Faculty Lounge on April 06, 2009 (boomark / email).