Société Nautique de Genève (SNG), the 33rd America's Cup defending yacht club, today presented its opposition arguments to the New York Supreme Court in response to Golden Gate Yacht Club's (GGYC) ninth lawsuit; a misguided interpretation of the ‘constructed in country' (CIC) requirement of the Deed of Gift, the event's governing document. SNG's comprehensive set of papers reaffirms its interpretation that only the ‘yacht or vessel' has to be constructed in the country of the club holding the Cup, and that sails do not.
SNG's affirmations are supported by historical precedent, as reflected in the expert declaration of John Rousmaniere, a leading America's Cup historian, ‘the donors of the original Deed of Gift never contemplated limits on foreign sails or foreign sail technology. Those donors, in fact, hoisted British sails in first winning the Cup with the schooner America. In fact, in adding the CIC clause to the Deed in 1882, George Schuyler, the last surviving donor, sought to ensure that the Cup remained a genuinely competitive event, while preserving the Cup's international character. He thus struck that balance by limiting the CIC requirement only to a competing vessel's hull, but not its sails.'
Additional documents presented to the court confirm that GGYC's CIC claim is factually wrong: SNG's sails were constructed in Switzerland and this fact is supported by an affidavit from Tom Whidden, president of North Sails, and an official certificate of Swiss origin from the Swiss Chamber of Commerce.
“SNG is certain of our yacht's Deed compliance, including the ‘constructed in country' provision and our interpretation is supported by the language of the Deed, historical precedent, and by the Cup donor's intentions,” said Fred Meyer, vice-commodore of SNG. “In any event, GGYC's CIC claim is factually wrong and we have submitted to the court substantial evidence proving that our sails are Swiss made. It is our view that we should go racing on 8 February. GGYC should end their legal strategy to try to delay the Cup and to try to gain competitive advantage over the Defender and should proceed with the competition on the water. If they wish, however, to pursue their latest lawsuit, then the judge should have a close look at BMW Oracle's yacht, which does not comply with GGYC's own interpretation of the Deed,” he concluded.

The Notice of Race for the 2010 Extreme Sailing Series Europe has been issued, effectively opening the official entry period for the European series - closing date for entries is midnight on 15th March. The award-winning circuit, which saw over 200,000 spectators entertained by the ten international skippers and their crews on the dynamic Extreme 40s in 2009, once again promises to deliver a top-level sailing series, across six European destinations, an experiential VIP corporate hospitality experience and an ever-growing entertainment package on water and land for the general public.
The closing date for entries to the 2010 series is 15 March 2010.
"We continue negotiations with various potential main partners to support our long term plans for both the European and Asian series," commented Mark Turner, CEO of OC Group. "However, securing new partners before the European season kicks off is not absolutely necessary and won't affect our plans for 2010 - this year will be another spectacular season of Extreme 40 racing, racing that continues to change the way sailing is seen. We are keen to grow our original brand - Extreme Sailing Series - regardless of developments on the sponsor front as we go through the year," he concluded.
Six existing teams from Europe and the Middle East, have already expressed strong commitment to rejoin the circuit for 2010, with several new teams anticipated to step-up to the start line in May 2010. The expectation and objective is once again to have 8 to 10 international, top level teams. OC Events, organiser of the circuit since its inception in 2007, is planning an official launch week commencing 15 May 2010 when the teams and their skippers will be presented officially for the first time.
The 2010 series will be a five, possibly six event series, racing in iconic venues and cities in locations including the UK, France, Germany and Spain:
Event 1: 27-30 May location tbc
Exhibition Event: 19 June: J.P. Morgan Asset Management Round the Island Race
Event 2: 14-18 July or 31 July to 5 August UK
Event 3: 26-29 August Germany
Event 4: 9-12 September location tbc
Event 5: 23-26 September location tbc
Event 6: 9-12 October, Almería, Spain

Final venues will be announced one by one over the coming weeks.
The four day format of racing will remain unchanged, except that the opening day's races on the 'Media Day' will in 2010 count towards the overall score. At each event, the teams will have the opportunity to take part in 'corporate sailing' in the morning to entertain their VIP guests, while racing will take place in the afternoon.
With up to eight races per afternoon, the events are extremely physical for the skippers and crews. Each race lasts approximately 15 minutes on the short, tight racecourses the series has become renowned for. However the Race Committee is currently looking at other options to challenge the teams.
Tim Hancock, once again Principal Race Officer, commented, "We tested the strategy and tactics of the teams last year in some of the tightest racecourses I've ever seen, from the traditional windward-leeward, to downwind starts and triangular courses. This year we will also be exploring possibilities of speed runs, slalom-courses and other 'tradition-breaking' ideas. The high, professional standard of racing will never be compromised, but we also want to provide thrilling, and easy to understand racing: racing that will continue to entertain the crowds. The Media Day, held before the public village opens, will allow us to include some more conventional and longer courses as well, maintaining an excellent overall balance in the format," he concluded.

The Golden Gate letter in full. The war of words starts to get nasty.
Here for the full Golden Gate Yacht Club letter In reply to the letter from the Golden Gate Yacht Club above the Societe Nautique de Geneve writes:- Dear Commodore, This responds to your letter dated January 15, 2009. None of us were in Singapore and we both have to rely on the reports we received from our teams. Your accusation against a highly respected sailor is without grounds and very unfair.
GGYC's representatives clearly bear the substantial responsibility of the negotiations' failure. While Alinghi representatives were acting in good faith in Singapore, GGYC lawyers filed a factually and legally baseless motion with the New York Supreme Court on a topic (Constructed in Country) that was a subject of those negotiations.
This GGYC court filing was the cause of the failure of the negotiation and is further evidence of GGYC's bad faith conduct. It is not the first time that your representatives show a lack of good faith. On November 9, 2009, your representatives took the opportunity of settlement talks at your lawyers' offices to serve the new breach of trustees law suit!
SNG acknowledges your statement that GGYC would like to negotiate further, and we confirm that SNG would be prepared to do so provided that GGYC withdraws its baseless Constructed in Country motion. The America's Cup should be decided on the water not in the courts.
Yours sincerely, Fred Meyer
Vice-Commodore / America's Cup Committee Chairman