A couple of weeks ago, the New York Supreme Court ruled in favor of the
Defender Alinghi by determining a ‘tolling period’. The Judge
has effectively started the clock and set the beginning of the 10 months
notice period from mid May 2008 pushing the 33rd America’s Cup Match
to mid March 2009 at the earliest. On top of that a second blow to the
American strategy came a couple of days later when Alinghi was successful
in consolidating its appeal on the date issue with its previously filed
appeal, contesting the validity of the Challenger of Record. All issues
will be heard by the Appellate Division on 5 June 2008 with a decision
expected towards the end of June at the earliest or most probably in July
2008. The logical outcome is a further delay for the 33rd America’s
Cup Match given that the legal system has to accept the fact that a tolling
period has been enforced.
does this mean to the Challenger BMWOracle’s Team?
The fact that the judge has ruled for a ‘tolling period’
is the biggest setback in BMWOracle’s strategy. They started to build
their boat with an October 2008 regatta in mind and the American ‘missile’
should be launched around 15 June 2008. BMWOracle has designed and built
their ‘DoG Monster’ whilst Alinghi took a risk in waiting for
the final decision in the legal warfare. Should the judge have ruled for
an October 2008 Match, BMWOracle would have won the race with virtually
no competitor as Alinghi would not have had the time to build their own
boat. This strategy could have paid handsomely for BMWOracle however this
is sadly not the case.