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Alinghi files new legal proceedings in America’s Cup row

Swiss champions Alinghi said on Monday they will file new judicial proceedings at a New York court in its legal challenge with US syndicate Oracle over the rules to the 33rd edition of the America’s Cup that threatens to prolong the dispute.

Alinghi said it would appeal all decisions taken so far by New York State Supreme Court judge Herman Cahn which have largely favored Oracle. Cahn is expected to announce shortly the date of a multihull duel that would oppose the two sides.

Alinghi, owned by Swiss billionaire Ernesto Bertarelli, prefers July next year, while San Francisco-based Oracle, backed by US billionaire Larry Ellison, insists on October this year. The Swiss team argues it cannot build a competitive multihull yacht by October in order to adequately defend their crown for what would be their third straight title in yachting’s showpiece event.

“Our sole objective is to race in a competitive America’s Cup match,” Alinghi lead counsel Lucien Masmejan said in a statement announcing the new legal proceedings.

Alinghi requests that the application of Cahn’s previous decisions be suspended while at the same time it request that the current legal proceedings, which include its appeal of decisions taken so far, be accelerated.

Oracle, which is on track to have a trimaran ready for competition by October, condemned Alinghi’s move.

“Any further delay would be regrettable,” a spokeswoman for the US syndicate said by telephone.

In a statement, Oracle spokesman Tom Ehman said it “appears clear” that Alinghi is unsatisfied with Cahn’s rulings and intends to file an appeal.

“From the outset the defender appears to have only anted to race in a competition that is held entirely on tis own terms,” he said.

The New York Supreme Court is the trustee of the Deed of Gift, the 1887 document which details the complex rules of the America’s Cup, sailing’s most prestigious competition. The legal dispute when Alinghi chose Spanish yacht club Desafio Espanyolas Challenger of Record.
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