America’s Cup Compendium Including Herbert Pell, Citizen’s, Louis Vuitton and Prada Cups
The Deed Book 3 The Historical Record of the Races to America’s Cup
MARK ROBINSON HOLLAND with jack griffin
America's Cup [Ə-mer-Ə-kƏ’s ‘kƏp] NOUN DEFINITION an international yachting race for a perpetual challenge cup originally won by the yacht AMERICA in a race around the Isle of Wight at the Royal Yacht Squadron’s 1851 regatta, and now held every three to four years.
compendium [kəmˈpendēəm] NOUN DEFINITION a collection of concise but detailed information about a particular subject, especially in a book or other publication.
Book 3 The Deeds Published 2024 by COMPENDIUM PUBLISHING LLC Mark Robinson Holland Version 1.0 Original Upload 24 FEBRUARY 2024
Copyright © 2023. Applicable content providers’ copyrights reserved. America’s Cup Compendium is a research work identifying the persons, places, yachts and events that contributed to the history of the Races for America’s Cup, including the evolution of the applicable rules of sailing and/or yacht design or criteria that applied at the time of any cited race or regatta, all for the purpose of historically documenting the sport. ISBN All rights reserved. No part of this publication may be reproduced in any form or by any means – graphic, electronic or mechanical, including photocopying , recording, taping or information storage and retrieval systems – without the prior permission of the publishers. TEXT: Mark Robinson Holland Jack Griffin Karolina Stefanski, PhD. ILLUSTRATIONS: Mark Robinson Holland COVER: Library of Congress, (1901) Walter, Fredrick A., 1877-1966. Columbia and Shamrock.
America’s Cup Compendium
Including Herbert C. Pell, Citizen’s, Louis Vuitton and Prada Cups
The Deeds America’s Cup Compendium
Including the Herbert C. Pell, Citizen’s, Louis Vuitton and Prada Cups
Contents
INTRODUCTION .................................................................................................................................................................................5 ORIGINAL DEED OF GIFT (MAY 15, 1852, REDATED JULY 8, 1857) ...................................................................................................5 THE SECOND DEED OF GIFT (FEBRUARY 2, 1882)............................................................................................................................7 AMENDED DEED OF GIFT (OCTOBER 24, 1887)...............................................................................................................................8 WATERLINE LENGTH AND OWN BOTTOM AMENDMENTS BY NEW YORK SUPREME COURT ORDER WITH RESPECT TO ADMINISTRATION OF GIFT (DECEMBER 17, 1956)..........................................................................................................................9 ARM OF THE SEA INTERPRETATION (SEPTEMBER 20, 1984) ......................................................................................................... 10 SOUTHERN HEMISPHERE AMENDMENT PER ORDER OF THE SUPREME COURT OF THE STATE OF NEW YORK (APRIL 5, 1985) ..... 10 CURRENT DEED OF GIFT (APRIL 8, 1985) (INTERLINEATED TO SHOW CHANGES) .......................................................................... 11 THE REGATTAE CONDUCTED UNDER THE AMENDED DEED ......................................................................................................... 12 RECORD OF COURT CHALLENGES UNDER THE DEED OF GIFT ........................................................................................................... 15 CASE 1: MERCURY BAY BOATING CLUB VS SAN DIEGO YACHT CLUB {**12 NY3D AT 252} CLUB (76 NY2D 256 [1990] AND ITS APPEAL {76 N.Y. 2D 256, 557 N.E.2D 87,557 N.Y.S. 2D 851 (1990)}................................................................................................ 15 CASE 2: GOLDEN GATE YACHT VS. SOCIETE NAUTIQUE DE GENEVE 2008 N.Y. SLIP OP. 30782 (N.Y. SUP. CT. 2008) ..................... 36 CASE 3: GOLDEN GATE YACHT VS. SOCIETE NAUTIQUE DE GENEVE 2008 N.Y. SLIP OP. 32296 (N.Y. SUP. CT. 2008) ..................... 39 CASE 4: GOLDEN GATE VS. SOCIÉTÉ NAUTIQUE DE GENÈVE 55 A.D.3D 26 (N.Y. APP. DIV. 2008) ................................................. 41 CASE 5: GOLDEN GATE YACHT CLUB VS. SOCIETE NAUTIQUE DE GENEVE ................................................................................... 44 CASE 6: GOLDEN GATE YACHT CLUB V. SOCIÉTÉ NAUTIQUE DE GENEVA 2009 N.Y. SLIP OP. 32163 (N.Y. SUP. CT. 2009) ............. 49 CASE 7: GOLDEN GATE YACHT CLUB V. SOCIÉTÉ NAUTIQUE DE GENEVE, 2009 NY SLIP OP 32572(U) (N.Y. SUP. CT. 10/30/2009) 2009 N.Y. SLIP OP. 32572 (N.Y. SUP. CT. 2009).............................................................................................................................. 52 CASE 8: GOLDEN GATE V. SOCIÉTÉ NAUTIQUE 68 A.D.3D 552 (N.Y. APP. DIV. 2009) .................................................................... 55 CASE 9: GOLDEN GATE YACHT CLUB V. GENÈVE 2007 N.Y. SLIP OP. 52496 (N.Y. SUP. CT. 2007) .................................................. 56 BRIEF OF AMICUS CURIAE NEW YORK YACHT CLUB (NY 602446/07) ............................................................................................ 63 CASE 10: GOLDEN GATE YACHT CLUB V. SOCIÉTÉ NAUTIQUE GENEVE 2009 N.Y. SLIP OP. 31722 (N.Y. SUP. CT. 2009) ................... 69 CASE 11: MERCURY BAY V. SAN DIEGO 76 N.Y.2D 256 (N.Y. 1990) .............................................................................................. 76 NEW YORK SUPREME COURT DECISION AND ORDER RE RAK VENUE OF THE 33RD AMERICA’S CUP – 27 OCTOBER 2009 ............. 95 SETTLEMENT AGREEMENT AND MUTUAL RELEASE (26 MARCH 2010) ......................................................................................... 97 CASE 13: JUDGMENT OF THE SUPREME COURT OF THE STATE OF NEW YORK DATED SEPTEMBER 20, 1984 ................................. 99 CASE 14: AFRICAN DIASPORA MAR. CORP. V. GOLDEN GATE YACHT CLUB 38 MISC. 3D 1214 (N.Y. SUP. CT. 2013) ...................... 100 CASE 15: AFRICAN DIASPORA MAR. CORP. V. GOLDEN GATE YACHT CLUB 109 A.D.3D 204 (N.Y. APP. DIV. 2013)........................ 107 INTERPRETIVE RESOLUTIONS TO THE DEED OF GIFT ADOPTED BY THE TRUSTEES ......................................................................... 116
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RESOLUTION ADOPTED BY THE BOARD OF TRUSTEES ON MARCH 27, 1958 (THE "1958 RESOLUTION")..................................... 116 RESOLUTION ADOPTED BY THE BOARD OF TRUSTEES ON JULY 15, 1980 (THE "1980 RESOLUTIONS")........................................ 117 RESOLUTIONS ADOPTED BY THE AMERICA'S CUP COMMITTEE OF THE ROYAL PERTH YACHT CLUB ON MAY 15, 1984 - (THE "FIRST 1984 RESOLUTIONS") ...................................................................................................................................................... 118 RESOLUTIONS ADOPTED BY THE AMERICA'S CUP COMMITTEE OF THE ROYAL PERTH YACHT CLUB ON MAY 15, 1984 - (THE "SECOND 1984 RESOLUTIONS").................................................................................................................................................. 118 RESOLUTIONS ADOPTED BY THE AMERICA'S CUP COMMITTEE OF THE ROYAL PERTH YACHT CLUB ON MAY 22, 1984 - (THE "THIRD 1984 RESOLUTIONS") ..................................................................................................................................................... 119 RESOLUTIONS ADOPTED BY THE BOARD OF DIRECTORS OF THE SAN DIEGO YACHT CLUB ON AUGUST 19, 1988 - (THE "FIRST 1988 RESOLUTIONS") ................................................................................................................................................................. 119 RESOLUTIONS ADOPTED BY THE BOARD OF DIRECTORS OF THE SAN DIEGO YACHT CLUB ON AUGUST 19, 1988 - (THE "SECOND 1988 RESOLUTIONS") ................................................................................................................................................................. 120 RESOLUTION ADOPTED BY THE BOARD OF DIRECTORS OF THE SAN DIEGO YACHT CLUB ON JULY 1, 1990 - (THE "FIRST 1990 RESOLUTION") ........................................................................................................................................................................... 121 RESOLUTIONS ADOPTED BY THE BOARD OF DIRECTORS OF THE SAN DIEGO YACHT CLUB ON JULY 1, 1990 - (THE "SECOND 1990 RESOLUTIONS") ......................................................................................................................................................................... 121 THE INTERPRETIVE RESOLUTIONS ADOPTED BY THE TRUSTEES ................................................................................................. 123 RESOLUTIONS ADOPTED JULY 15, 1980 ..................................................................................................................................... 123 FOOTNOTES IN AMPLIFICATION OF THE JULY 15, 1980 RESOLUTIONS, INCLUDING THE AMENDMENTS OF MAY 15, 1984 AND JULY 1, 1990 .............................................................................................................................................................................. 124 RESOLUTIONS ADOPTED MAY 22, 1984 ..................................................................................................................................... 124 RESOLUTIONS ADOPTED JULY 1, 1990 ....................................................................................................................................... 124 RESOLUTION ADOPTED BY UNANIMOUS CONSENT OF THE BOARD OF DIRECTORS OF THE SAN DIEGO YACHT CLUB ON APRIL 9, 1993 - (THE "FIRST 1993 RESOLUTION") ..................................................................................................................................... 124 RESOLUTIONS ADOPTED BY THE FLAG OFFICERS AND GENERAL COMMITTEE OF THE ROYAL NEW ZEALAND YACHT SQUADRON ON DECEMBER 19, 1996 - (THE "1996 RESOLUTION")................................................................................................................. 125 RESOLUTION REGARDING A PROTOCOL GOVERNING THE THIRTY SECOND AMERICAS CUP (AMENDED JANUARY 21, 2004) .... 126 DECISION #1 MARCH 1, 1991..................................................................................................................................................... 127 DECISION #2 MARCH 3, 1991..................................................................................................................................................... 127 DECISION #3 MARCH 3, 1991..................................................................................................................................................... 128 DECISION #4 MARCH 4, 1991..................................................................................................................................................... 128 DECISION #5 OCTOBER 16, 1991 ................................................................................................................................................ 129 AMENDMENT TO ARTICLE 9 OF RESOLUTION REGARDING A PROTOCOL GOVERNING THE THIRTY SECOND AMERICAS CUP (JANUARY 21, 2004) ................................................................................................................................................................... 129 ASSIGNMENTS and ACCEPTANCE OF THE AMERICA’S CUP ............................................................................................................ 130 GEORGE L. SCHUYLER TO NEW YORK YACHT CLUB (JULY 8, 1857).............................................................................................. 130 NEW YORK YACHT CLUB’S INVITATION TO EIGHTEEN FOREIGN YACHT CLUBS (JULY 20, 1857) .................................................. 131 NEW YORK YACHT CLUB TO ROYAL PERTH YACHT CLUB (SEPTEMBER 27, 1983) ........................................................................ 132 ROYAL PERTH YACHT CLUB TO SAN DIEGO YACHT CLUB (FEBRUARY 5, 1987) ............................................................................ 133 SAN DIEGO YACHT CLUB TO ROYAL NEW ZEALAND YACHT SQUADRON (MAY 22, 1995) ........................................................... 134 ROYAL NEW ZEALAND YACHT SQUADRON TO SOCIETE NAUTIQUE DE GENEVE (MARCH 9, 2003) ............................................. 135
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SOCIETE NAUTIQUE DE GENEVE TO GOLDEN GATE YACHT CLUB (FEBRUARY 14, 2010)20 APRIL 2010........................................ 135 GOLDEN GATE YACHT CLUB TO ROYAL NEW ZEALAND YACHT SQUADRON (JUNE 26, 2017)...................................................... 135 OTHER DEEDS OF GIFT ................................................................................................................................................................... 136 DEED OF TRUST – KNICKERBOCKER YACHT CLUB CENTENNIAL TROPHY (1973) ........................................................................... 136 MEMORANDUM – LOAN RECEIPT – HERBERT C. PELL CUP .......................................................................................................... 136 DEED CONDITIONS - BRENTON REEF, CAPE MAY, GOELET AND ASTOR CUPS............................................................................... 137 Deed Conditions - Brenton Reef Cup ...................................................................................................................................... 137 Deed Conditions - Cape May Cup ........................................................................................................................................... 137 End Notes ...................................................................................................................................................................................... 139
INTRODUCTION The Deed of Gift was a document that accompanied the presentation of the Cup won by the yacht AMERICA on August 22, 1851, by the George Schuyler-led syndicate to the New York Yacht Club as a “perpetual Challenge Cup for the friendly competition between nations.” This section of America’s Cup Compendium looks at the legal documents that control the conduct of America’s Cup competition. Starting with the Original Deed of Gift, the early amendments, the later court-ordered changes and the various interpretations reached within the meaning of the Deeds, this section provides a comprehensive picture of the original desires of the donors – amended only where necessary to reflect the realities of life decades after the initial writings. Included are records of the court cases brought when the parties could not reach an agreement within the terms of the Deed, where the Courts of the State of New York made the necessary interpretations as they read the Deed.
ORIGINAL DEED of GIFT (May 15, 1852, redated July 8, 1857) As a result of winning the fleet race at the Annual Regatta sailed on August 22, 1851 at the Isle of Wight in Cowes, England, the sponsor, The Royal Yacht Squadron, awarded the so-called “Queen’s £100 Cup.” (“The Cup”) (see The Cup chapter for more information). The winning syndicate consisted solely of the five (5) owners of the newly-launched American yacht AMERICA: George L. Schuyler, J. C. Stevens, Edwin A. Stevens, Hamilton Wilkes, and J. Beekman Finley. The Cup remained in the possession of the five individuals, being moved from time-to-time from residence to residence, primarily as an object for conversation at parties. Reportedly, at one point, due to its size and design, its silver content was deemed more valuable than its trophy value, and a plan was to melt the Cup down and make five (5) silver medals from it. Over the several years ensuing, both Mssrs. Stevens, Mr. Wilkes and Mr. Finley died, leaving The Cup in the sole possession of Mr. Schuyler who kept it at his home in Washington Square, New York City. Again, reportedly, at the strong insistence of Mrs. Schuyler, George L. Schuyler sought to donate the (large, tarnish- and dust-prone) Cup to the New York Yacht Club as a perpetual Challenge Cup honoring the yacht AMERICA, to which end he wrote the following DEED OF GIFT: “New York July 8, 1857 To the Secretary of the New York Yacht Club. Sir,
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Settle order. Dated: March 28, 1989
CASE 1A: MERCURY BAY BOATING CLUB VS SAN DIEGO YACHT CLUB {76 NY2d 256, 557 NE2d, 557 NYS2d 851 (1990) THE MERCURY BAY BOATING CLUB INC., APPELLANT, v. SAN DIEGO YACHT CLUB, RESPONDENT, ET AL., DEFENDANT, NEW YORK YACHT CLUB, INTERVENOR. / (AND ANOTHER PROCEEDING.) 76 N.Y.2d 256, 557 N.E.2d 87, 557 N.Y.S.2d 851 (1990). April 26, 1990 1 No. 52 Decided April 26, 1990 Robert B. Fiske, Jr., George N. Tompkins, Jr., NY City, for Appellant Mercury Bay. James W. Rayhill, Richard M. Waldron, NY City, for Intervenor NY Yacht Club. Michael D. Hess, Marjorie L. Cohen, NY City, for Defendant Royal Perth. Harold R. Tyler, Jr., Mark W. Smith, Blair Axel, Kenneth M. Poovey, James E. Brandt, NY City, for Respondent. Robert Abrams, Attorney General (David G. Samuels, O. Peter Sherwood, Lawrence S. Kahn, Pamela A. Mann of counsel) on behalf of the Trust. ALEXANDER, J.: On September 7 and 9, 1988, in the waters off San Diego, California, Mercury Bay Boating Club, Inc.'s challenger vessel, the New Zealand, a monohull-keel yacht, was defeated two races to none by San Diego Yacht Club's defending twin-hulled catamaran, the Stars and Stripes, in the 27th America's Cup Match. Contending that San Diego's defense of the Cup by sailing an inherently faster multihull catamaran against a larger, but slower monohull yacht was unsportsmanlike, antithetical to the concept of "friendly competition between foreign countries" and a "gross mismatch" in violation of the of America's Cup Deed of Gift and San Diego's obligations as trustee, Mercury Bay obtained a judgment in New York Supreme Court disqualifying San Diego's catamaran, declaring the New Zealand to be the winner of the two races and directing that San Diego transfer the America's Cup to Mercury Bay. A divided Appellate Division reversed, declared the Stars and Stripes to be an eligible vessel and the winner of the two races, and therefore that San Diego was the rightful holder of the America's Cup. We agree that the Stars and Stripes was an eligible vessel under the terms of the Deed of Gift and that San Diego breached no fiduciary duty in racing a catamaran against Mercury Bay's challenging yacht. Accordingly, we affirm. I The America's Cup, a silver cup trophy, is the corpus of a charitable trust created in the 19th century under the laws of New York. So called because it was won by the yacht America in a race around the Isle of Wight in 1851, the America's Cup was donated by its six owners to the New York Yacht Club in 1857. The Cup was twice returned to George Schuyler, the sole surviving donor, when questions arose as to the terms of the trust in which the Cup was to be held. Schuyler executed the present Deed of Gift in 1887, donating the Cup to the New York Yacht Club, to be held in trust "upon the condition that it shall be preserved as a perpetual challenge Cup for the friendly competition between foreign countries". Pursuant to the Deed of Gift, the holder of the Cup is its sole trustee and is to be succeeded by a competitor who successfully challenges the trustee in a race for the Cup. Unless otherwise agreed by the parties, the terms of the challenge are specified in the deed. The relevant provisions of the deed provide: This Cup is donated upon the condition that it shall be preserved as a perpetual Challenge Cup for friendly competition between foreign countries. Any organized Yacht Club of a foreign country * * * shall always be entitled to the right of sailing a match for this Cup, with a yacht or vessel propelled by sails only and constructed in the country to which the Challenging Club belongs, against any one yacht or vessel constructed in the country of the Club holding the Cup.
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The competing yachts or vessels, if of one mast, shall be not less that forty-four feet nor more than ninety feet on the load waterline; if of more than one mast they shall be not less than eighty feet nor more than one hundred and fifteen feet on the load waterline. The Challenging Club shall give ten months' notice, in writing, naming the days for the proposed races * * * * Accompanying the ten months' notice of challenge there must be sent the name of the owner and a certificate of the name, rig, and following dimensions of the challenging vessel, namely, length on load water-line; beam at load water-line and extreme beam; and draught of water, which dimensions shall not be exceeded; and a custom-house registry of the vessel must also be sent as soon as possible. Centreboard or sliding keel vessels shall always be allowed to compete in any race for the Cup, and no restriction nor limitation whatever shall be placed upon the use of such centre-board or sliding keel, nor shall the centre-board or sliding keel be considered a part of the vessel for any purposes of measurement. The Club challenging for the Cup and the Club holding the same may, by mutual consent, make any arrangement satisfactory to both as to the dates, courses, number of trials, rules and sailing regulations, and any and all other conditions of the match, in which case the ten months' notice may be waived. In case the parties cannot mutually agree upon the terms of a match, then three races shall be sailed, and the winner of two of such races shall be entitled to the Cup. All such races shall be on ocean courses * * * * [These ocean courses] shall be selected by the Club holding the Cup; and these races shall be sailed subject to its rules and sailing regulations so far as the same do not conflict with the provisions of this deed of gift, but without any time allowances whatever. The challenged Club shall not be required to name its representative vessel until at a time agreed upon for the start, but the vessel when named must compete in all the races, and each of such races must be completed within seven hours. * * * * Although the defending club, as holder of the Cup, is its trustee, it is nevertheless required to compete with challengers for the Cup. Nothing in the deed limits the design of the defending club's vessel other than the length on water-line limits applicable to all competing vessels, nor are the competing vessels expressly limited to monohulls. Moreover, there is no requirement that the defending vessel have the same number of hulls as the challenging vessel, or even that the competing vessels be substantially similar. Prior to 1988, the America's Cup competitions generally were conducted under the mutual consent provisions of the deed, with the contestants agreeing upon the date, time and length of the races and, beginning in 1930, even upon the choice of vessels to be raced. Although multihull vessels were in use at the time the deed was executed in 1887 and during all the ensuing years, none ever competed for the America's Cup prior to the match at issue here. Between 1930 and 1937, the agreed-upon vessels were large ocean-going vessels known as J-boats, which subsequently became too expensive to build and maintain. Consequently, the yachting community lost interest in the America's Cup competition and the New York Yacht Club, which had successfully defended the Cup sixteen times before 1937, received no challenges for a twenty-year period thereafter. Attempting to revive interest in the competition, in 1956 the New York Yacht Club obtained a court order amending the Deed of Gift to reduce the minimum load waterline length to its present 44 feet and to eliminate the requirement that the challenging vessel sail to the match "on its own bottom", a requirement that had disadvantaged foreign challengers. These amendments allowed the competition to be conducted in yachts of the international 12-meter class, which measure 44 feet on the load waterline. Thereafter, in response to the increased interest in the competition by many challengers and with the consent of those challengers, the New York Yacht Club instituted an elimination series, conducted in these 12-meter yachts, in which the winner of the series was entitled to sail a match against the defender of the Cup. The America's Cup races were conducted in these elimination series at three to four year intervals for a period of thirty years, with the New York Yacht Club retaining the Cup until 1983 when it lost to the Royal Perch Yacht Club of Australia. Three years later, thirteen yacht clubs representing six nations competed to determine which would challenge Royal Perth for the Cup. In the finals, Stars & Stripes '87 of the San Diego Yacht Club defeated Royal Perth's defender Kookaburra III four races to none. San Diego planned to defend the Cup in 1990 or 1991 in a 12-meter yacht, adhering to the traditional multiple challenger format. In 1987, as yacht clubs all over the world prepared to compete in that event, Mercury Bay issued a notice of challenge to San Diego, which for the first time in thirty years, deviated from the multiple challenger format as well as the tradition of holding the races in three to four year intervals. Mercury Bay demanded a match in less than a year and disclosed that it would race a yacht measuring 90 feet on the load waterline, the maximum length permitted in the deed and a size yacht that had not been built in 50 years. As most foreign yacht clubs were already preparing for a race of 12-meter yachts, they would have been unable to compete on the terms demanded by Mercury Bay; indeed, of the nineteen bids received by San Diego, Mercury Bay's was the only challenge which deviated from the traditional format. To justify its unorthodox challenge, Mercury Bay advised San Diego that it sought to compete
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Concerning the November 4, 2009 order on appeal, the court correctly found, based on extrinsic evidence, that the Deed excludes rudders for the purpose of measuring the length on load water-line. The Deed, which provides, in relevant part, that the competing vessels, "if single-masted, must measure between 44 and 90 feet on the load water-line," and states that neither the "center-board" nor "sliding keel" shall be considered part of the vessel for any purposes of measurement, but does not define "load water-line," which is clearly a term of art with specialized meaning in the sport of sailing, is ambiguous as to whether rudders should be considered in measuring the length on load water-line. The mere fact that the Deed expressly only states that the center-board and sliding keel shall not be considered in the measurement does not necessarily mean that all other parts of the vessel, including the rudders, were intended to be considered in making that measurement. Given this ambiguity, the court properly relied on undisputed extrinsic evidence, including New York Yacht Club rules extant at the time the 1887 Deed was settled, showing that length on load water-line is typically measured "exclusive of any portion of the rudder or rudder-stock." We have considered the remaining contentions and find them unavailing. Concur—Friedman, J.P., Sweeny, Freedman and Abdus-Salaam, JJ. [Prior Case History: 2009 NY Slip Op 32163(U).]
CASE 9: GOLDEN GATE YACHT CLUB v. GENÈVE 2007 N.Y. Slip Op. 52496 (N.Y. Sup. Ct. 2007) The following case finds that CNEV’s challenge was invalid and GGYC was the Challenger of Record
Supreme Court, New York County Golden Gate Yacht Club, Plaintiff, -againstSociété Nautique De Genève, Defendant Club Nàutico Español De Vela, Intervenor-Defendant. 602446/07 Plaintiff was represented by Latham & Watkins, LLP, 885 Third Avenue, New York, NY 10022, (212) 906-1200, James V. Kearney, Esq. Defendant was represented by White & Case, LLP, 1155 Avenue of the Americas, New York, NY 10036, (212) 819-8200, David G. Hille, Esq., Adam Wactlar, Esq. and Owen C. Pell, Esq. Intervenor-defendant Club Nautico Espanol de Vela was represented by Debevoise & Plimpton, LLP, 919 Third Avenue, New York, NY 10022, Jeremy Feigelson, Esq., of counsel, David W. Rivkin, Esq. and Catherine M. Doll, Esq. HERMAN CAHN, J.: Motion sequence numbers 001, 002, 003 and 004 are consolidated for disposition.[FN1] In motion sequence number 001, plaintiff Golden Gate Yacht Club (GGYC) moves for expedited discovery and an expedited trial. Plaintiff also seeks a preliminary injunction enjoining defendant Société Nautique de Genève (SNG) to provide GGYC with the SNG sailing rules governing, and identify SNG's selection of the location of, the match between GGYC and SNG noticed in GGYC's challenge. In motion sequence number 002, non-parties Reale Yacht Club Canottieri Savoia (RYCCS) and Mascalzone Latino (collectively, Amici) move for leave to file an amici curiae brief regarding SNG's motion for summary judgment and GGYC's cross motion for summary judgment. In motion sequence number 003, SNG moves for summary judgment dismissing all claims alleged by GGYC in this action, CPLR 3211 (a) (1) and (a) (7). GGYC cross-moves for summary judgment, CPLR 3211 (c) and 3212.
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In motion sequence number 004, intervenor-defendant Club Nàutico Español de Vela (CNEV) moves for an order dismissing GGYC's claims. In its initial moving papers, CNEV stated that it would not be submitting its own memorandum of law but, instead, relying upon and adopting SNG's memoranda of law in support of SNG's own motion for summary judgment. Nevertheless, CNEV submitted its own reply memorandum of law. Background The America's Cup is a trophy awarded to the winner of a world-renowned yacht race that has been held 32 times since the first America's Cup race held in 1851. Although many yacht clubs are able to, and usually do, join in the race, the document governing the race permits the defending winner (Defending Club) and the challenging club (Challenger of Record) to agree upon the terms of the forthcoming race. Defendant SNG, the winner of the last America's Cup, accepted a challenge from intervenor-defendant CNEV for the 33rd America's Cup race, and thereby purported to make CNEV the Challenger of Record. Thus, CNEV and SNG would be able to set the terms and conditions that will govern the next America's Cup race. Dissatisfied with the agreed-upon terms for the 33rd race, GGYC commenced this action contending that CNEV, a newly-formed yacht club that is not qualified to be designated as the Challenger of Record in the forthcoming America's Cup competition and that, therefore, the acceptance of CNEV's challenge should be vacated. The leading New York decision, indeed one of the few reported New York State decisions involving the America's Cup, is the Court of Appeals decision, Mercury Bay Boating Club v San Diego Yacht Club (76 NY2d 256 [1990]) (Mercury Bay).[FN2] As discussed therein, the silver trophy cup, denominated the America's Cup (Cup), is the corpus of a charitable trust created in the mid-1800's under the laws of New York (Mercury Bay, 76 NY2d at 260). The yacht America was the winner of a yacht race held in 1851 around the Isle of Wight. In 1857, the six Cup owners donated the silver trophy to the New York Yacht Club. The club returned the Cup to George Schuyler, as the then sole-surviving Cup owner, because of questions about the terms of the trust. Schuyler again donated it to the New York Yacht Club, to hold the Cup in trust pursuant to the terms of the present Deed of Gift (Deed), dated October 24, 1887 (Mercury Bay, 76 NY2d at 261). The Deed was amended by two Orders of this Court, dated December 17, 1956, and April 5, 1985. The Cup was donated on the condition that the Cup: "shall be preserved as a perpetual Challenge Cup for friendly competition between foreign countries." The Deed governs how such "friendly competition" challenges are made for the Cup, who may be a qualified Challenger of Record, and the manner in which matches for the Cup are to proceed. Mercury Bay involved the successful defense by the San Diego Yacht Club of the America's Cup race held in 1988, using a catamaran vessel against a slower monohull vessel used by the challenger, the Mercury Bay Boating Club. The Mercury Bay club argued that, although the catamaran vessel technically fell within the Deed's express limitations, its use violated the Deed's "spirit," as exemplified by both its terms and various items of extrinsic evidence. The Court deemed that the gravamen of Mercury Bay's complaint was the alleged inherent unfairness of a race between a multihull yacht and a monohull yacht, regardless of the donors' intent, basing the measure of fairness upon contemporary sporting practices and sportsmanship standards (id. at 265). The Court of Appeals rejected Mercury Bay's argument and held that the Deed's unambiguous language, permitting the defender to defend the Cup in "any one yacht or vessel" within the specified range of load water-line length, did not require the defender to race a vessel of the same type or evenly-matched to that of the challenger, and it did not preclude the defender's use of a catamaran (Mercury Bay, 76 NY2d at 269). The Court expressly declined to consider whether the San Diego club's conduct was "unsportsmanlike" and "unfair," finding that the Deed appropriately left such issues to yachting experts (id. at 271). Rather, the Court limited itself to strictly applying the terms of the Deed. This court is bound to follow that ruling and apply the provisions of the Deed to this dispute. As is relevant here, the Deed specifies the eligibility requirements that entitle a yachting club to be designated as Challenger of Record: Any organized Yacht Club of a foreign country, incorporated, patented, or licensed by the legislature, admiralty, or other executive department, having for its annual regatta an ocean water course on the sea, or on an arm of the sea, or one which combines both, shall always be entitled to the right of sailing a match of this Cup, with a yacht or vessel propelled by sails only and constructed in the country to which the Challenging Club [Challenger of Record] belongs, against any one yacht or vessel constructed in the country of the Club holding the Cup. (Emphasis added).
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Golden Gate Yacht Club v Société Nautique de Genève, 2008 NY Slip Op 30782(U), reversed. Golden Gate Yacht Club v Société Nautique de Genève, 2008 NY Slip Op 32296(U), reversed. APPEARANCES OF COUNSEL Simpson Thacher & Bartlett LLP, New York City (Barry R. Ostrager, Jonathan K. Youngwood, George S. Wang and Laura D. Murphy of counsel), for appellant. Latham & Watkins LLP, New York City (James V. Kearney and Gina M. Petrocelli of counsel), for respondent. {**55 AD3d at 27} OPINION OF THE COURT DeGRASSE, J.: Defendant Société Nautique de Genève (SNG) appeals from an order that, insofar as is relevant to this appeal, declared plaintiff Golden Gate Yacht Club (GGYC) the Challenger of Record for the upcoming America's Cup race and invalidated the challenge by which such status was claimed by intervenor-defendant Club Náutico Español de Vela (CNEV). The America's Cup is a silver cup trophy that constitutes the corpus of a charitable trust created in the 19th century under New York law (see Mercury Bay Boating Club v San Diego Yacht Club, 76 NY2d 256, 260 [1990]). The Cup was first won in 1851 by the yacht America in a race around the Isle of Wight. George L. Schuyler, the sole survivor of the Cup's six owners, donated the trophy to the New York Yacht Club by Deed of Gift dated October 24, 1887 on condition that it be preserved "as a perpetual Challenge Cup for friendly competition between foreign countries." The America's Cup competition has become one of the world's premier international sporting events. Under the Deed, the holder of the Cup becomes its sole trustee, to be succeeded only by a successful challenger in a race at sea. The Cup has been defended 32 times since the inception of the competition. SNG, the current trustee or Defender, won the Cup on March 2, 2003 in the 31st America's Cup match and defended its title on July 3, 2007 in the 32nd America's Cup match. Pursuant to the Deed of Gift: "Any organized Yacht Club of a foreign country, incorporated, patented, or licensed by the legislature, admiralty, or other executive department, having for its annual regatta an ocean water course on the sea, or on an arm of the sea, or one which {**55 AD3d at 28} combines both, shall always be entitled to the right of sailing a match for this Cup, with a yacht or vessel propelled by sails only and constructed in the country to which the Challenging Club belongs, against any one yacht or vessel constructed in the country of the Club holding the Cup." The Challenger of Record is the first club to issue a challenge with respect to a given America's Cup. Under the Deed, the Challenger of Record must meet the annual regatta requirement, which will be discussed hereinafter, and must be (1) organized as a yacht club, (2) foreign, and (3) incorporated or licensed by its government. The Deed requires the Challenger of Record to give 10 months' written notice of the days for the proposed races, with the proviso that no race shall be held between November 1 and May 1 in the Northern Hemisphere or between May 1 and November 1 in the Southern Hemisphere. The 10 months' notice must detail the name, ownership, rig, and specified dimensions of the challenging vessel. The Deed precludes the Defender from entertaining any other purported challenge of record while the challenge of a qualified Challenger of Record is pending. Once a challenge is accepted, the Defender and the Challenger of Record may, under the Deed, set the conditions of the competition as follows: "The Club challenging for the Cup and the Club holding the same may, by mutual consent, make any arrangement satisfactory to both as to the dates, courses, number of trials, rules and sailing regulations, and any and all other conditions of the match, in which case also the ten months' notice may be waived." Through this "mutual consent" provision, every America's Cup match since 1970, save one, has been an event in which challengers from different countries competed in an elimination series for the opportunity to have a one-on-one race with the Defender (see Mercury Bay Boating Club at 262). The Deed provides for a three-race match between the Defender and the Challenger of Record in the event of the parties' inability to agree upon the terms of a match. In such a case, the Defender chooses the courses of the races as well as the applicable race rules and sailing regulations. The winner of two of the three races is entitled to the Cup. In the last 38 years, only the 27th America's Cup match, held in 1988, was conducted as a two-boat race because the parties could not agree on terms. The 27th Cup match was also the subject of the Court of Appeals' {**55 AD3d at 29} decision in Mercury Bay Boating Club v San Diego Yacht Club (76 NY2d 256 [1990], supra).
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On July 3, 2007, immediately after its victory in the 32nd Cup match, SNG accepted CNEV's formal challenge for the 33rd Cup match. By way of background, CNEV was incorporated as a sporting association under the laws of the Valencia region of Spain on June 19, 2007, by Real Federacion Española de Vela (RFEV).[FN1] Established under Spanish law in 1990, RFEV is not a yacht club but a federation of sports clubs and individuals who promote the sport of sailing. Nevertheless, it competed in the challenger elimination series for the 32nd America's Cup. CNEV was incorporated for the express purpose of challenging for the 33rd Cup and avoiding lingering controversy regarding the capacity of a sailing federation, such as RFEV, to become a challenger and potential trustee under the Deed of Gift. Upon acceptance of CNEV's challenge, and in keeping with the Deed's "mutual consent" provision, SNG and CNEV entered into a protocol setting out the terms of the 33rd America's Cup match. When it filed its challenge, CNEV had not held an annual regatta. By letter to SNG dated July 11, 2007, GGYC, the Challenger of Record for the 32nd America's Cup, disputed CNEV's challenge as follows: "We respectfully submit that the challenge is invalid. Among other deficiencies, it is not from a bona fide yacht club, but from an entity organized in the form of a yacht club only a few days before the challenge was accepted by SNG and which has never had an annual regatta on an open water course on the sea or an arm of the sea as required by the Deed of Gift. It is also apparent that this 'Challenger of Record' has not performed any of the duties of the Challenger as contemplated by the Deed of Gift, but has simply delegated to the Defender the authority to determine all of the 'conditions' governing the match. This undermines the fundamental purpose of the Deed of Gift to preserve this competition as a Challenge Cup."[FN2] GGYC proffered its own purported challenge with the letter and {**55 AD3d at 30} demanded recognition by SNG as the Challenger of Record for the 33rd America's Cup match. By its Notice of Challenge, GGYC proposed July 4, 2008 as the date of the first race and July 6 and 8, 2008 as the dates for the second and, if necessary, third races. On July 20, 2007, invoking the arbitration provision of the protocol it entered into with CNEV, SNG applied to the 33rd America's Cup Arbitration Panel for a determination regarding CNEV's challenge. SNG's arbitration petition reads as follows: "There has been issued raised [sic] by prospective competitors in the 33rd America's Cup, including the Golden Gate Yacht Club, as to the validity of the challenge of Club Nautico Espanol de Vela. SNG as Trustee of the America's Cup makes an application to the Panel for a declaration that the challenge received from Club Nautico Espanol de Vela on 3rd July 2007 and accepted by SNG on the same date, is a valid challenge under the terms of the Deed of Gift of 24th October 1887, and that SNG is obliged to meet that challenge under the terms of the Deed of Gift." July 20, 2007 is also the date on which GGYC commenced this action alleging that SNG breached the Deed of Gift and its fiduciary duty as trustee by accepting CNEV's challenge. GGYC contended that CNEV's challenge is invalid under the Deed because it was made when CNEV (1) was not an organized yacht club and (2) had not conducted an annual regatta. SNG moved and GGYC crossmoved for summary judgment with respect to the entire complaint. The motion court denied SNG's motion and granted GGYC's cross motion, vacating CNEV's challenge on the ground that CNEV had failed to meet the Deed's annual regatta requirement. Having made that determination, the motion court found it unnecessary to reach the question whether CNEV was an organized yacht club. SNG subsequently moved for leave to renew and reargue, asserting that GGYC's challenge is deficient, based upon its description of its vessel. The court denied that motion (2008 NY Slip Op 30782[U]). An order incorporating the motion court's determination was entered on May 13, 2008 (2008 NY Slip Op 32296[U]). Noting that SNG's 10-month preparation period had been interrupted by this litigation, the court directed that the first challenge match race be held 10 months from the date of service of a copy of its order with notice of entry and that the second be held two business days thereafter and the third, if necessary, two business days after {**55 AD3d at 31} that. The court further directed that the 33rd America's Cup match be held in Valencia, Spain, the venue designated upon SNG's acceptance of CNEV's challenge, or at a different location upon notice prescribed by the order. This appeal turns on the meaning of the words "having for its annual regatta" as used in the Deed of Gift. In making its determination, the motion court found that the phrase is "plainly understood to mean that it is an on-going activity; the activity has taken place and is continuing" (18 Misc 3d 1111[A], 2007 NY Slip Op 52496[U]. The court further found that the phrase "implies that the organization has had one or more regattas in the past, and will continue to have them in the future" (id.). Accordingly, the court reasoned that CNEV was not a qualified Challenger of Record because it had not held an annual regatta as of the date of its challenge. The Deed of Gift, a trust instrument, "is to be construed as written and the settlor's intention determined solely from the unambiguous language of the instrument itself" (Mercury Bay Boating Club, 76 NY2d at 267). As SNG would have it, the annual regatta requirement can be satisfied where the yacht club "intends to hold an annual regatta and does so prior to the date of its proposed match." GGYC disputes SNG's construction, arguing that " '[h]aving' as commonly used in the law does not mean 'not having now.' It means 'possess.' And, in this context, it means, 'possess' an annual regatta." GGYC's argument is untenable because, as a matter of standard English usage, the noun "regatta" cannot be the proper object of the verb "possess."
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Including Herbert C. Pell, Citizen’s, Louis Vuitton and Prada Cups
PHILIP M. BOWMAN, ESQ., of counsel JOHN F. LASALLE, Ill, ESQ., of counsel SIMPSON THACHER & BARTLETT LLP Attorneys for Defendant 1425 Lexington Avenue New York, New York 10017 BY: BARRY R. OSTRAGER, ESQ., of counsel JONATHAN K. YOUNGWOOD, ESQ, of counsel THOMAS J. WELLING, JR., ESQ., of counsel CLEARY GOITLIEB STEEN & HAMILTON LLP Amici for Ras Al Khaimah One Liberty Plaza New York, New York 10006 BY: JEFREY A. ROSENTHAL, ESQ., of counsel JONATHAN 1. BLACKMAN, ESQ., of counsel JACOB, MEDINGER & FINNEGAN, LLP Attorneys for International Sailing Federation 1270 Avenue of the Americas New York, New York 10020 BY: PETER A. CROSS, ESQ., of counsel
[omissis] "THE COURT: I’m ready to render a decision on this one motion, and I feel it necessary to do so from the bench because of the time constraints. Again, I'm not - I’m going to render this decision purely on legal grounds. 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, there had been 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.
by SNG."
Whether it is or not, Valencia, Spain was permitted, and it is a Northern Hemisphere venue, it was permitted for the race. Other than that, the judge specifically said - and, again, this order was affirmed by the Court of Appeals " -or any other location selected
It is the belief of this Court that that phrase must be read in conjunction with the Deed of Trust, 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 of Trust take place in RAK. The Court, however - the Court will not comment and does not believe it is appropriate for me to comment, or need J comment at this point, about security and safety. The Court does, however, want to state for the record that it feels again that what occurred here was unsportsmanlike on the part of GGYC. I believe that there were tactics employed that should not have been employed in an un-sportsmanlike fashion if there really was going to be good sportsmanship. However, that is not - this is not the forum for deciding whether or not GGYC acted in a sportsmanlike manner, this is only a legal forum, and if it' s going to be taken up, should be taken up somewhere else. Again, although not specifically addressed, what I do want to state, and l'm stating this because in the future it may come up, the Deed of Trust requires, quote, "friendly competition among foreign nations." Now, in keeping with this requirement, I believe that any venue- in keeping with this requirement, and also in keeping with the laws of New York and of the United States against discrimination, any venue that is selected must be a venue that permits spectators and competitors from any nation and any religion to take part. I' m just stating that for the record, because that would be an issue were any nation or any religions barred from taking part, both as a spectator and as a competitor in any race, in any nation.
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This is a Deed of Trust under New York and United States law, and there is no discrimination under our laws. With that, this is my opinion and my Order. "
[omissis]
SETTLEMENT AGREEMENT and MUTUAL RELEASE (26 MARCH 2010) The Settlement Agreement of all claims and counterclaims on the 31st 32nd and 33rd America’s Cup. Interestingly, this includes an order for SNG to return the damaged pieces of the Cup that had been replaced by Garrard (London) after the New Zealand sledgehammer attack, and had been found on an auction site by Alinghi. (see also America’s Cup Compendium – The Cups)
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
FOR SETTLEMENT PURPOSES ONL Y SUBJECT TO N.Y. CPLR §4547
This Settlement Agreement and Mutual Release (the "Agreement"), dated as of March 26, 2010 is entered into by and among the following parties (the "Parties"): (1) Golden Gate Yacht Club ("GGYC") and Oracle Racing Inc. ("Oracle Racing") (collectively, the "GGYC Parties") and (2) Société Nautique de Genève ("SNG"), Team Alinghi SA ("Alinghi"), and AC Management SA (collectively, the "SNG Parties"). WHEREAS, on July 20, 2007, GGYC filed a Verified Complaint against SNG in the Supreme Court of the State of New York, County of New York, entitled Golden Gate Yacht Club v. Société Nautique de Genève, Index No. 602446/2007 (the " July 2007 Action"); WHEREAS, on October 26, 2009, GGYC filed a Summons and Complaint against SNG in the cause of action entitled Golden. Gate Yacht Club v. Société Nautique de Genève, seeking relief for an alleged breach of fiduciary duty by SNG (the "October 2009 Action"); WHEREAS, on February 12 and 14, 2010, the Parties competed in the 33rd America's Cup, which was won by GGYC; WHEREAS, following the conclusion of the 33rd America's Cup, the Parties agree that it is in the best interest of the America's Cup and the sport to discontinue all litigation between them; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows: 1. 2.
3. 4.
5.
Transfer of the America's Cup. On February 14, SNG transferred the America's Cup to GGYC. Within 10 days of the execution of this Agreement, SNG shall transfer to GGYC the pieces of the damaged Cup that SNG recovered in 2006 from different individuals in New Zealand. GGYC shall execute the Assignment and Acceptance Agreement annexed hereto as Exhibit A. Transfer of ACPI. Within 7 days of the execution of this Agreement, GGYC shall execute the Undertaking annexed hereto as Exhibit B, and SNG shall (a) cancel the certificate 6 of shares for America's Cup Properties, Inc. ("ACPI"), (b) issue and transfer a certificate 7 of shares for ACPI in the name of GGYC, (c) direct the resignation of all current directors of ACPI, and (d) direct the transfer to GGYC of the corporate records and intellectual property of ACPI, including trademarks and the domain name americascup.com. The Cup Heritage Trustee Limited. Within 10 days of the execution of this Agreement, SNG shall (a) direct the resignation of Hamish Ross as director of The Cup Heritage Trustee Limited ("CHTL"), (b) direct the trans fer of shares of the CHTL to the transferee designated by GGYC, and (c) direct the transfer to GGYC of the corporate records. Transfer of Equipment. Within 21 days of the execution of this Agreement, SNG shall transfer to GGYC the race equipment listed in Exhibit C to this Agreement, plus any other equipment not on Schedule C that was transferred to SNG or America's Cup Management by Challenger of Record Management following the 31st America's Cup in New Zealand, subject to normal depreciation and use of such equipment. The equipment shall be available in one or several containers, ready for shipping at the race operation center in Valencia, Spain. Dismissal of Pending Litigation. Within 10 days of execution of this Agreement, GGYC and SNG shall file a Joint Stipulation of Discontinuance with the Supreme Court of the State of New York ceasing and dismissing without prejudice all pending litigation against each other, with each party bearing its own attorneys' fees and costs. The dismissal of pending litigation without prejudice, as opposed to with prejudice, shall not be deemed to limit, in any way, the scope or effect of the Mutual Release in Paragraph 6 hereto or the Covenant Not to Sue in Paragraph 7 hereto. This Agreement shall be filed as an Exhibit to the Joint Stipulation of Discontinuance.
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Now Available on ISSUU and elsewhere.
Mark Robinson Holland
An Exci�ng Documentary by Author Mark Robinson Holland
Attack On the
Cup
Attack on the Cup: The Story of the Conspiracy to Destroy the world’s Oldest International Sporting Prize – America’s Cup – and the efforts to save it. In March 1997, a New Zealand Tribesman who was frustrated with perceived aspects of the upcoming 2001 America’s Cup competition viciously attacked the priceless 150-year-old trophy with a sledgehammer. Attack on the Cup is the most comprehensive look at the attack, the arrest and trial, the sentencing and the reaction to the assault. Includes never-before published police photos and trial testimony. The book also covers the restoration of the Cup in London by Garrard and the aftermath. A must-read for all America’s Cup fans.
Mark Robinson Holland is an America’s Cup historian and researcher. A�er re�ring as a successful Architect Emeritus, he began the mul�-year research project that culminated in the publica�on of America’s Cup Compendium: a record of every yacht, yachtsman, owner, designer, builder and yacht club, in addi�on to logs of every America’s Cup final race regata and each observa�on, qualifying, trial and elimina�on race that led up to the finals during each “Cup” year. Research for Compendium has taken Mark thousands of research hours since beginning in March 2020, and visits to countless Marine Libraries in the United States, Australia, New Zealand and Europe. Mark is married and lives in Methuen, Massachusets USA. AMERICASCUPCOMPENDIUM.COM
Available in hardcover in Mid-2024 at booksellers everywhere. THE SILVER that launched a Thousand ships. The history of the America’s Cup Trophy Companion Book by Contributing Authors Jack Griffin and Karolina Stefanski, PH.D. Jack Griffin is an America's Cup historian and modern chronicler. He serves on the Selection Committee of the America's Cup Hall of Fame and is the International Liaison for the Herreshoff Marine Museum, home of the America's Cup Hall of Fame. Griffin's book Turning the Tide - How Oracle Team USA Defended the America's Cup tells the definitive story of the 2013 America's Cup competition in San Francisco. He writes a monthly column on the America's Cup for Seahorse Magazine and is the editor of a well-respected website CupExperience.com. Based in Switzerland, Griffin holds a degree in electrical engineering from Princeton University and is fluent in English, French and German. Karolina Stefanski, Ph.D. Dr. Stefanski is a leading art historian. Dr. Stefanski is the Yachting and Silver Ambassador for Robbe & Berking, one of the world’s leading silversmiths. She holds a master’s from the Institut national d’histoire de l’art (INHA, Paris-Sorbonne) and a Ph.D. from the Technical University of Berlin. She is fluent in German, English, French and Polish.
AMERICA’S CUP COMPENDIUM Including Herbert C. Pell, Citizen’s, Louis Vuitton and Prada Cups
The Historical Record of the Races to America’s Cup, contained in 15 Books: Book 1 – The Guide Includes Introductions, a Master Table of Contents for the entire Compendium series, Acknowledgements, Bibliography, Credits, information and suggestions regarding best interactive use of New York Times Machine, YouTube and WWW links, and Appendices.
Book 2 - The Cups In-depth details and history of the well-known America’s Cup and trophies including the Louis Vuitton and the Prada Cups, plus full information on the Herbert C. Pell Cup, the Sir Thomas Lipton Memorial Trophies, the America’s Cup Match Trophy, the President’s Award, the Knickerbocker Yacht Club Centennial Trophy, the NYYC Club Cup and many others. This section also includes detailed history of the cups, their travels, their bespoke designer luggage, and of the attack and restoration of the Cup in 1997.
Book 3 - The Deeds
This section covers the Original Deed of Gift, the 2nd and 3rd Amended Deeds, and the current version. Included are the NY State Supreme Court -approved amendments and official documents for 14 court cases, all of the interpretive Resolutions, Protocol Decisions, and the Assignment and Acceptance documents for the Cup.
Book 4 - The Rules - Volume 1 This section covers the Racing Conditions, Sailing Instructions and Protocols for Preliminary, Trial, Qualifying, Elimination Races and for each America’s Cup Final Match Races from the Royal Yacht Squadron race around the Isle of Wight at Cowes to the 2013 34th Defense at San Francisco.
Book 5 - The Rules - Volume 2 Part 2 continues with the Rules 2017 to present. Additionally, the yacht “rating rules,” Class rules and technical regulations and various governmental America’s Cup Acts.
Book 6 - The Yachts Detailed side-by-side tables of competing yachts, by Race Series, showing final yacht matchups in the Races for America’s Cup and all other contending yachts that year, providing the dimensions, crews, ownership, and other relevant data on each boat – whether they won, lost or never reached the start line.
Book 7 - The Races All of The Races from the initial 1851 RYS race around the Isle of Wight, each preliminary, trial, elimination and final races for America’s Cup are presented in detailed tables. Where there was a news article from the New York Times, an internet article or a YouTube video of the race, they are presented with a hyperlink.
Book 8 - The Venues Includes the Course Layouts for the races.
Book 9 - The Costs Analysis of the growing costs of competing for the Cup [Coming mid-2024]
Book 10 - The Yacht Clubs Presents a directory for each Yacht Club that sponsored a competitor for the Cup since 1851.
Book 11 - The Crews Includes an alphabetical, comprehensive list of sailors, shore crews, sailmakers and boatsmen since 1851.
Book 12 - The Owners Includes a tabulation of Yacht Owners and their financial syndicate members, and (in later years) Sponsors
Book 13 - The Officials Directory of Race Committee Members, International Jurors, and Official Measurers
Book 14 - The Designers A listing of the principal yacht, rigging and sail designers of each America’s Cup yacht from 1851-2024.
Book 15 - The Builders Identifies and historically-backgrounds the shipwrights of the America’s Cup.
MARK ROBINSON HOLLAND with Jack Griffin