Oracle claim yachting victory in Cup's latest legal spat
MADRID (AFP) — Oracle were claiming victory Friday after the latest legal spat with America's Cup holders Alinghi in the seemingly never-ending saga surrounding the 33rd edition of sport's oldest prize.
Oracle, backed by US software tycoon Larry Ellison, believe Thursday's ruling by the New York Supreme Court to dismiss Alinghi's appeal contesting their status as the official Challenger of Record leaves the way clear for their favoured multi-hull face-off this October.
The next episode of the judicial soap opera is scheduled for June 5, the date set for the court in New York to consider an appeal by Alinghi.
The Swiss boat had originally chosen Spain's Nautical Yacht Club (CNEV) to house its designated challenger Desafio Espanol.
But Oracle successfully challenged that decision by Alinghi's billionaire owner Ernesto Bertarelli in March.
Alinghi sought a temporary stay of that ruling, but that request was denied and referred to the four-judge panel that ruled Thursday.
The judges also denied Oracle's motion to dismiss Alinghi's appeal.
The US team said they were convinced that the US-Swiss duel would now take place off Valencia as planned in October - Alinghi want it to be put back to the spring 2009.
"We continue to expect to race in 2008," BMW-Oracle said in a statement.
"We have renewed confidence that this match will not be delayed by Alinghi's appelate litigation."
Barry Ostrager, the US lawyer for Societe Nautique de Geneve, the yacht club that backs Alinghi, commented: "The court denied both motions and we look forward to a speedy resolution of these matters."
Unless the appeals court sides with Alinghi, the Swiss must face the Golden Gate Yacht Club, BMW Oracle Racing, either in October or next year.
The 33rd America's Cup had originally been scheduled to be held in Valencia in July 2009 as a traditional multi-boat regatta.
But organisers indefinitely postponed the event in November because of the legal wrangling betwen Oracle and Alinghi over the Deed of Gift - the protocol setting out the America's Cup rules.
Alinghi successfully defended their crown against Team New Zealand in the 32nd America's Cup last year.
