On April 2nd 2009, the New York State Court of Appeals ruled unanimously in favor of the Golden Gate Yacht Club (GGYC), reversing the order of the Appellate Division and reinstating the order of the Supreme Court. Since no further appeal is possible, GGYC is now the Challenger of Record. There are three possible outcomes:
- Société Nautique de Genève (SNG) and GGYC may negotiate, by mutual consent, a protocol for the 33rd cup. This protocol may or may not provide for a challenger series between the challenger of record and other so called "mutual consent challengers". This protocol may or may not call for the use of monohull vessels in the tradition of recent America's cups.
- SNG may choose meet GGYC's challenege in accordance with the terms set out in the current deed of gift. Such a contest would be best two out of three, and would be sailed in multihull vessels as specified in GGYC's original challenge. As the deed of gift calls for this race to be held ten months after the challenge is accepted but, not during winter months, this may result in additional litigation concerning the precise time frame of such a contest.
- SNG may choose not to defend the cup.
Updated 5/1/09
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Alinghi
New Zealand
Prada (ITA)
Young America
Kookaburra III (AUS)