The New York Supreme Court has ruled that the next edition of the America’s Cup can not take place in the United Arab Emirates as planned by reigning champions Alinghi according to the rules that govern the sailing regatta.
In a surprise move, Alinghi in August announced that it had selected the Gulf emirate of Ras al-Khaimah in the United Arab Emirates as the site for the next staging of the race next February where it will go up against US challenger Oracle to decide the 33rd edition of sailing’s premier competition.
Oracle filed suit over Alinghi’s choice of the site, arguing the venue is unsafe due to its proximity to Iran as well as being a violation of the rules.
It has called for the race be held in the Spanish Mediterranean port of Valencia, where the last America’s Cup, won by Alinghi, took place in 2007.
The New York Supreme Court ruled in favour of Oracle stating that the 33rd America’s Cup must take place in a venue in the Southern Hemisphere as per the strict reading of the competition’s governing document, the Deed of Gift, or in Valencia, Spain, as the only exception to that rule.
‘We are very pleased with the decision. It means the 33rd edition will take place in Valencia in February. It’s just fine. There is no problem in sailing at that date in Valencia,’ Oracle spokesman Tom Ehman stated.
‘It’s the only place they can choose althout we are ready to sit down with them to discuss. Today’s decision proves again their reckless disregard for the ‘Deed of Gift’ and that they were wrong in choosing Ras al-Khaimah.’
Justice Shirley Kornreich based her decision on a stipulation in the ‘Deed of Gift’, the 19th century rules that govern the oldest competition in international sport, that say that the race cannot be held in the northern hemisphere between 1st November and 1st May.
Alinghi had argued that the New York court had authorised a venue in either hemisphere, and that the team had submitted affidavits from experts on how the race could be safely held.
The Swiss side has already brought its giant catamaran to Ras al-Khaimah, while the US side’s crew is training on its trimaran in San Diego, California.
Alinghi and Oracle, owned respectively by Swiss biotech billionaire Ernesto Bertarelli and American computer billionaire Larry Ellison, have been engaged in a two-year legal battle over the Cup which looks set to continue.
Under a ruling by a New York court in April, the 33rd America’s Cup was scheduled to be settled in a three-leg duel in February instead of the traditional fully-fledged regatta involving several teams.