America’s Cup holder Alinghi won a major victory in its legal battle with challenger Oracle on Tuesday over the rules governing the next edition of the oldest prize in sport.
The Swiss boat was handed back the balance of power in the fight over the 33rd America’s Cup when a New York court upheld its appeal over a ruling delivered last year concerning the challenger of record.
Last November’s judgment dismissed Desafio Espanol, Alinghi’s chosen challenger of record, as “fictitious,” as the CNEV yacht club in Valencia had never staged a regatta as dictated in America’s Cup rules.
In rejecting Alinghi’s preferred challenger the judge last year gave that honor to the US’ Oracle.
Oracle had favored a multi-hulled face-off against Alinghi, but Tuesday’s surprise ruling that Desafio Espanol fitted the bill as the official challenger leaves the way clear for the next edition to revert to a traditional multi-boat regatta, the preferred format of the Swiss-backed two-time champions Alinghi.
Oracle were left reeling by Tuesday’s decision.
“We’re surprised and disappointed by this judgement,” the US team’s spokesman Tom Ehman said.
He said Oracle would be looking at what measures to take, including an appeal.
Ernesto Bertarelli, Alinghi’s Swiss backer, said he was delighted with the unexpected result.
“We can now continue with our vision of a multi-challenger event,” the billionaire sailing aficionado said.
Lucien Masmejan, who headed Alinghi’s legal team, added: “After a year of litigation interference by the GGYC [Oracle’s Golden Gate Yacht Club], we are extremely pleased that the Appellate Division has found its challenges ... baseless. The GGYC’s actions have wasted a lot of time, effort and resources over the past year and we hope that it does not appeal.”
This latest ruling from New York’s supreme court stipulated that Alinghi must give “at least 10 months notice” before staging the 33rd Cup, which is set once again for Valencia.
Alinghi prevailed in this latest legal bout in the appeals court by a majority of three judges to two.
Both Oracle and Alinghi have been preparing for the past few months for a multi-hull duel originally slated for spring next year off Valencia.
The 33rd edition may now not take place until 2010 or 2011.
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