RAK out

We look at the points agreed upon and still pending following yesterday's day in court over the 33rd America's Cup
The 33rd America’s Cup was back in the New York Supreme Court in Lower Manhattan, New York, yesterday with Justice Shirley Kornreich both ruling and reserving judgement on a wide range of issues from the venue to the rules and measurement. The session lasted for around two hours, the longest to date in this legal saga. The most significant ruling from yesterday’s hearing was that Ras Al Khaimah will not be the venue for the 33rd America’s Cup, despite the government there having, according SNG lawyer Barry Ostriger, already forked out $125 million in preparations. Ostriger’s argument was supported by an ‘amicus’ from lawyer Jeff Rosenthal, presenting the case for the emirate of Ras al Khaimah. But ultimately as Justice Kornreich concluded: “I believe that the order of Justice Cahn, as affirmed by the Court of Appeals, permits the race to take place in Valencia, Spain, and this was by virtue of previous preparation that took place in Valencia, Spain and there had been a mutual agreement prior to the order that it would take place in Valencia, Spain and I believe that may well be the reason Valencia, Spain was mentioned. “Whether it is or not, Valencia, Spain was permitted and it is a northern hemisphere venue…” She continued: “Other than that the judge specifically said - and again this order was confirmed by the Court of Appeals – ‘or any other location selected by the SNG’. “It is the belief of this court that that phrase must be read in conjunction with the Deed of Trust [Deed of Gift] and the Deed of Trust specifically requires that the race, if it takes place between November 1 and May 1, must take place in the southern hemisphere. “Therefore since RAK is in the northern hemisphere, it cannot under the Deed