
Cahn Releases Order
New York Supreme Court Justice Herman Cahn released his order regarding the BMW Oracle Racing’s Deed of Gift Challenge for America’s Cup 33. Judging by the typically verbose team’s terse press release, it’s not what they were looking for. Cahn ordered the date of the match to be 10 months from the serving of his order, with Alinghi required to name the venue six months beforehand. This would mean a Cup match likely in March of 2009, not the October 2008 claimed by BMW Oracle Racing to be both anticipated and desired by the team.
But . . . there’s a catch! The Deed requires racing to be held in the southern hemisphere if it happens outside the window between May and October. More enlightened America’s Cup pundits have pointed out that the judge’s decision effectively sends a message to the two teams — work this out yourselves. This is hardly the end of the road for AC-related litigation, but it’s nonetheless pretty significant. As always, we’ll keep you apprised.