Judge refuses request

Press, 8 April 1988, Page 30

Judge refuses request

NZPA Washington II li (San Diego and New Zealand must have a one-on-one matci race for the Americans Cup because they have not|been abile to agree] to an international challenge series, the New York Supreme Court ruled yesterday. In her decision Justice Carmen {Beauchamp Ciparick also I “encouraged” those wanting to) compete folr the Cup to do so “on { the water rather than in the courtroom.” | I | {The judge turned 'down a {request by the Royal Burnham Yacht Club I of G|reat Britain for! San Diego to be {removed as trustee of the America’s Clip unless it consented tola challenge round before the next regatta. | The British millionaire, Peter | de Savary, had sought to challenge for the Anierica’s Cup through that) club. { j I Justice Ciparick said a

multi-national challenge competition series would “clearly be permissable” under the mutual consent provisions of the Deed of Gift governing the Cup races. H.

But because San Diego and the New Zealand challenger had been unable to come | to any agreement on that they were proceeding under the terms 1 which governed absent mutual consent.

"Under the terms of the deed, unless the parties can agree to another format, the parties must sail a one-on-one match race for the Cup,” she said.

i “Significantly,! nowhere in the deed is the possibility of a challenger elimination series mentioned and in j fact, throughout much of its history, the America’s Cup has been held as a match race.” {Although a multinational format was per-

mitted under the mutual consent clause, such a series could not be forced upon the competitors if there was no agreement, she said. { “Nothing in this decision or the courts prior decisions shall preclude the competitors up until race time from agreeing to hold a multi-national regatta and such a course of action is encouraged by the court in the interests of sportsmanship and for the good of the America’s Cup,”; Justice Ciparick said. “The litigants are encouraged to compete for the Cup on the water rather than in the courtroom.”

Lawyers for the New Zealand challenger,! Michael Fay, were not available for comment in New York, but the New) Zealand side could expect to be heartened by the judge’s frequent use of the term “match race.”