BMW Oracle take plans for 'illegitimate' America's Cup format to court

The US team BMW Oracle will refuse to register for the next America's Cup and will instead rely on a legal appeal against the plans of the defending champions, Alinghi, to alter the event's format.

The decision means the bitter dispute surrounding sailing's most high-profile competition, held since 1851, will continue in court.

Alinghi, along with 11 other teams, have agreed to work on organising the 33rd America's Cup and had set a deadline of December 15 for the BMW Oracle team to sign on. But the BMW Oracle's Golden Gate Yacht Club, which argue that the new format unfairly favours the Swiss champions, said they had no intention of doing so as they did not consider the event to be "a legitimate America's Cup".

"Rather, we will now focus our efforts and attention on winning our appeal before the New York state court of appeals," the club's commodore, Marcus Young, said in a letter to the Societe Nautique de Geneve, which represents Alinghi. "It's clearly the only avenue left open to create a fair and competitive challenge that preserves the integrity, prestige and tradition of yacht racing's pinnacle event."

In response, Alinghi said the BMW Oracle team were pursuing a "selfish legal strategy". "While it's disappointing that BMW Oracle have chosen to proceed with the legal route instead of joining the collective process, SNG and Alinghi are committed to working with all these entered teams to organise a multi-challenge event while waiting for the final ruling from the court of appeals."

The 33rd running of the race was originally scheduled for 2009 in Valencia but was put on hold after BMW Oracle challenged the legality of the Spanish team recognised by Alinghi as the event's official challenger of record.

The challenger of record is usually involved, along with the holders, in setting up the rules for the next edition of the race.

A New York judge ruled in BWM Oracle's favour in November 2007 and a subsequent ruling set up a best-of-three, head-to-head series between the two rivals rather than the traditional multi-boat competition.

Alinghi successfully appealed against the decision, saying they preferred a later race date, a separate challenger of record and a larger field of challengers.

BMW Oracle, who object to a number of elements of the rules and structure of the planned event, filed their own appeal and the case is set to be heard on February 10 with a ruling due by the end of March.

Source: www.guardian.co.uk

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