Deja Vu All Over Again.

Here is the latest and last filing by Prada in their seemingly desperate attempt to discredit Doug Peterson and keep themselves from getting penalized or booted out entirely from the Cup. Notice too that in this document they admit to terminating "with immediate effect all agreements with the designer...."

Note also the bit about using a password (yes, they did) to try to keep a widely circulated and non-confidential document from getting published. But that did not stop Sailing Anarchy from getting at The Truth.

Hard as they tried to get themselves disqualified by suing Oracle, don't forget Prada as Challenger of Record appointed two members of the Arbitration Panel, so don't count them out.

The Challenger of Record function has ALWAYS been the kiss of death -- no COR has ever won the Louis Vuitton Cup let alone the America's Cup. Deja vu all over again?

SUBMISSION IN REPLY, AND APPLICATION FOR DIRECTIONS ON BEHALF OF YACHT CLUB PUNTA ALA/PRADA CHALLENGE FOR AMERICA’S CUP 2003 srl (hereinafter Prada or YCPA/Prada).

Submission in reply:

Prada notes that no other parties have provided any submissions in support or in opposition in relation to this matter.

In any case, it is worth to confirm that Prada as per a letter dated October 3, 2002 has terminated with immediate effect all agreements with the designer and any related party pertaining to the designer’s services, and consequently since that date the designer has ceased to carry out all activities and provide services in favor of Prada.

Accordingly, it respectfully asks the Panel to proceed to rule on its application, in the terms already advanced.

Directions:

Consistent with its previous submission that aspects of private law contracts between a syndicate and an employee or consultant are matters falling outside the scope of the Protocol, Prada has not supplied further details or evidence on termination of the engagement of the designer in question.

Prada recognises that the Panel may nonetheless wish to have such further details or evidence, and, subject to confidentiality, wishes to record that it would be willing to provide such details or evidence if the Panel considers it necessary or desirable. Prada makes this offer both in relation to the circumstances of the termination, and in relation to criteria for continuing nationality eligibility referred to in the final paragraph (under the heading “Directions in the alternative”) of its original application.”

However, if the Panel does require details and/or evidence in support of these details, Prada seeks a direction that it be made available on a confidential basis to members of the Panel only, and not to any other participant in the event. This direction would be sought in terms of either Article 9.1(ii) or 9.1(iv) of the America’s Cup Arbitration Panel Rules 2001, to protect the interests and privacy of both Prada and the designer. Such a direction would, it is submitted, be within the contemplation of the introductory words to Article 9.1.

This submission is circulated with a password to open to avoid or limit the unauthorized publication of the original or executed copies.

DATED at Auckland this 22 day of October 2002

Prada Challenge for America’s Cup 2003 srl
on behalf of Yacht Club Punta Ala

Alessandra Pandarese
John Gresson