America's Cup: AC match not until 2009 after all

A stage victory for the Swiss: after Alinghi had little success so far in the legal dispute over the next America's Cup, the tide has now turned. The latest ruling leaves enough time for the construction of a catamaran.

Judge Cahn of the New York Supreme Court ruled in favour of the Cup defender Alinghi - represented by the Société Nautique de Genève - on Monday. He ruled that the "Deed of Gift" match can only be played in 2009 and not this year.

Lucien Masmejan, chief legal counsel for the Swiss club, said he was satisfied that Judge Cahn's decision recognised that the Americas Cup came to court as a result of Golden Gate Yacht Club's actions and that it would be unfair to deny Alinghi the ten-month notice period set out in the Deed of Gift.

This ten-month period should begin when there is a final decision on the legality of the challenge and should take full account of the timeframe set out in the Deed of Gift for a Northern Hemisphere competition.

According to Alinghi and the Societé Nautique de Genève, this means that the match "cannot take place before May 2009".

BMW Oracle, on the other hand, is assuming a race in March. According to Tom Ehman from the Golden Gate Yacht Club, the ten-month deadline specified by Judge Cahn in his ruling will already have expired by then. It is possible that the next controversial issue is already looming.

Not everything is clear for Alinghi either. "Several questions remain unresolved," said the lawyer from the Societé Nautique de Genève. For example, BMW Oracle's challenge is "unclear and contradictory". As the Americans have refused to provide the information that the defence lawyer believes is required in the Deed of Gift, Alinghi "must continue to pursue legal action". An end to the agonising dispute is therefore not in sight.

At least the world will now be spared a Cup decision without a fight. If Judge Cahn had deemed a race for 2008 to be in accordance with the rules, the Swiss would probably no longer have been able to build a boat. They would then have had to hand over the jug directly to BMW Oracle without a race having taken place. At least this case now seems to have been ruled out.