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As noted in this column late late week, the America’s Cup has indeed returned to the halls of the New York Supreme Court, with the filing of a Contempt of Court papers on Monday.

The legal move from Golden Gate Yacht Club follows the announcement at the Challenger/Defender Meeting on 23 April, later confirmed in writing, by Societe Nautique de Geneve that they would defend the America’s Cup in early May 2010 in apparent contravention of a New York Supreme Court Order.

While the papers raise the question of Forfeiture of the America’s Cup, the reality is that SNG are a single, long step, maybe two, away from this situation.

SNG’s view seems to be that there is an apparent contradiction between the requirements of the fifth and latest edition (1887) for of the Deed of Gift for the America’s Cup, modified in 1985 to cope with a southern hemisphere Defence by Royal Perh Yacht Club in Fremantle…  Details 

In response to the initiation of Contempt of Court proceedings, Société Nautique de Genève, the Defender of the America’s Cup have issued the following statement:

‘BMW Oracle Racing (BOR) and its club Golden Gate (GGYC) have again chosen the New York law courts, instead of accepting an invitation to another meeting to discuss the terms of the 33rd America’s Cup. They have ignored both our proposal to open the competition to other challengers and our invitation to agree to mutual consent terms.

As Defender of the America’s Cup, Alinghi and the Société Nautique de Genève (SNG) are duty bound to fulfill the Deed of Gift that governs the event. The document clearly states that …  Details

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