Monday, November 26, 2007

Lawyer's Gain, Sailors' Loss

The lawyers win, and we know what that means: The America’s Cup Management organization (ACM) has just announced that the 2009 regatta will be delayed due to ongoing legal activities by a potential Challenger (a.k.a., BMW/Oracle/Larry Ellison). When lawyers win, events come to a grinding halt, possibly indefinitely.

ACM put it best: "During the past months, AC Management (ACM), the Société Nautique de Genève (SNG) and the Club Náutico Español de Vela (CNEV), in conjunction with the competing Challengers, have worked hand in hand to develop the rules and regulations for an event in 2009. These rules and regulations were agreed by all competitors and supported by the most recent entrants bringing the number of registered syndicates to eight, with an additional two currently filing entry documents."

Their uncertainty has triggered a decision to postpone the 2009 event. ACM describes the current situation as one in which there seems a "lack of viability" for the next event.
Of course, it doesn’t help that the New York Supreme Court judge has not as yet completed his review of the BMW/Oracle-Alinghi court case. He’s had more than enough time (several weeks), but must have more pressing matters before his bench (Between the lines: Almost any other suit, in his mind).

Meanwhile, the ACM deadline of December 15 for the entry of additional Challengers stands. After this date, it’s up to ACM on a case by case basis whether or not to allow further entrants.
Sailors, of course, are used to waiting for races to begin: They do so before the countdown at every regatta, after false starts and wind delays, and for lack of entrants. Pretty soon they’ll each have to take along an attorney to keep the game moving along. Now you’re talkin’ - - maybe this will entice other Challengers from the good ol’ US of A to enter.

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