Justice Cahn's 10-month ruling puts the Deed of Gift Match in March 2009. But, because the Deed of Gift prohibits racing in the Northern Hemisphere from 1 November until 30 April and expressly grants the Defender the right to nominate the venue, SNG has asked the Appellate Division to establish that the first possible race date is May 2009.
Lucien Masmejan, lead counsel for the SNG, explains: "The order issued by Justice Cahn on 12 May 2008 contains some positives for Alinghi, but the language is ambiguous as it fails to recognise that a Match cannot happen in the Northern Hemisphere in March as per the Deed of Gift. The Golden Gate Yacht Club (GGYC) specifically conditioned its challenge on a Northern Hemisphere match and SNG has always contemplated a Northern Hemisphere match either in Valencia or another location."
"Conscious that time is of essence, and to clarify this inconsistency SNG has been successful in consolidating its appeal on the date issue with its previously filed appeal contesting the validity of GGYC as Challenger of Record. All issues will be heard by the Appellate Division on 5 June 2008.
"Meanwhile, the Alinghi sailing team is training intensively and the designers and shore crew continue to prepare for the 33rd America's Cup. SNG will defend the Cup on the water and we look forward to returning to our true area of expertise: competitive racing."