Alinghi must face Oracle

BMW Oracle took Alinghi to court last year, arguing that it had chosen an illegitimate yacht club to be its main challenger and that the two had set rules that were unfairly weighted in the Swiss team's favor.

In November, New York State Supreme Court Judge Herman Cahn ruled in BMW Oracle's favor but Alinghi asked to reargue the case because it said there were flaws in the way BMW Oracle had presented its own challenge for the America's Cup, sailing's most coveted prize.

Justice Cahn said Tuesday he would not reargue the case and refused to rule the U.S. team's challenge invalid.

Alinghi "has not demonstrated that the court overlooked any relevant fact, misapprehended the law or otherwise mistakenly arrived at its determination," Cahn ruled.

Alinghi said the team would not appeal the ruling and proposed a race with Oracle in July 2009. The next staging of the race was due to be in Valencia, Spain next year.

"Let's settle this on the water," Alinghi owner Ernesto Bertarelli said.

Golden Gate Yacht Club spokesman Tom Ehman said on behalf of Larry Ellison's BMW Oracle team: "We are very pleased with this decision ... and we are now keen to keep moving forward towards the next regatta."

The ruling means Alinghi will have to race BMW Oracle in huge catamarans with the Swiss syndicate choosing the venue.

The Alinghi crew have already been spotted practising in catamarans off the coast of Valencia, which hosted the 32nd America's Cup.

Earlier this month, Team New Zealand joined the America's Cup legal battle, suing Alinghi and related parties for breach of contract arguing that when they signed up for the 33rd America's Cup they did so on the proviso it would be raced in 2009 in Valencia.

The Kiwis, who lost last year's Cup to Alinghi 5-2, are also taking the Swiss to court for stifling competition when they agreed the terms of the next event with CNEV, the Spanish yacht club Justice Cahn has already ruled illegitimate.

After Alinghi and BMW Oracle face off one-on-one for the next America's Cup, other teams would only be able to get back into the racing for the 34th Cup, likely to take place in 2011 at the earliest.

"Following today's court order, Larry Ellison has eliminated the competition and gained access to the America's Cup Match, a feat BMW Oracle Racing has never been able to achieve on the water," Alinghi lawyer Lucien Masmejan said.

"Should Alinghi win the Deed of Gift Match, the Defender is committed to getting the America's Cup back on track for a world class multi-challenge event in 2011 in Valencia, Spain.