Alinghi wants race in Persian Gulf
America's Cup champion Alinghi of Switzerland told a New York court Wednesday that it has the right to face American challenger BMW Oracle Racing in the Persian Gulf port of Ras al-Khaimah, United Arab Emirates.
The Swiss asked the New York Supreme Court's Appellate Division to overturn a lower-court ruling that RAK is ineligible to host the best-of-three showdown beginning Feb. 8 because the 19th century Deed of Gift prohibits racing in the Northern Hemisphere between Nov. 1 and May 1.
Alinghi also asked that that match be delayed until May if the court doesn't reinstate RAK in February. That would allow its choice of RAK to comply with the Deed of Gift.
Alinghi spokesman Lucien Masmejan said that if the Swiss are rebuffed, they'll face the Americans in Valencia, Spain, in February.
Although Valencia is also in the Northern Hemisphere, neither side objected earlier in the long, twisting court fight to holding the series in the Mediterranean port, although they disagreed on the dates. Valencia hosted the 2007 America's Cup and both powerhouse teams still have bases there.
The bitter rivals hope for a quick decision from the panel because time is running out before the showdown in the fastest, most extreme boats built in the 158-year history of the America's Cup.
There was no explanation why the panel included only four judges instead of the expected five. If the panel splits 2-2, it's believed the case would be reheard by a five-judge panel.
The Swiss have had their 90-foot catamaran, Alinghi 5, in the Persian Gulf port since late September.
BMW Oracle Racing's trimaran, known as BOR 90 and soon to be renamed USA, has been in San Diego since last fall. The Americans will finish their sea trials on Friday and then prepare their 90-by-90-foot boat to be shipped overseas.
"We are in RAK and would prefer to stay in RAK," Masmejan told The Associated Press after each side gave oral arguments. "We selected the venue in good faith and now we have to move. If we cannot do it in February, we would like to do it in May in RAK. If not, let's go to Valencia in February.
"We're not going to delay the match for the pleasure of delay," he added. "We'll race in February. This isn't to save time, it's to save RAK."
Even as they pressed on with their appeal, the Swiss announced two weeks ago that they were preparing to race in Valencia. They also floated Australia as a possible compromise location.
The Swiss say RAK officials have committed $120 million for infrastructure to host the mammoth boats and their shore crews. When the choice of RAK was announced in August, Sheikh Saud Bin Saqr Al Qasimi was quoted as saying it was "a great moment for us" to host the competition for the oldest trophy in international sports.
"We have good relations with them," Masmejan said. "They have been shocked by the decision. We are not under pressure but we feel that we have to be consistent. We've said we will do whatever possible to save RAK. If we cannot save it we will not and we will go to Valencia and RAK will accept that."
The convoluted court fight between American software tycoon Larry Ellison and Swiss biotech mogul Ernesto Bertarelli has been made even more confusing by the convergence of the Deed of Gift and the court's interpretation of the document, written in 1887.
Although the Deed of Gift stipulates that racing between Nov. 1 and May 1 must take place in the Southern Hemisphere, Justice Herman Cahn -- who is now retired -- ruled in May 2008 that "the location of the match shall be in Valencia, Spain, or any other location selected by SNG."
That led Alinghi's backing yacht club, Societe Nautique de Geneve, to select RAK.
BMW Oracle, backed by San Francisco's Golden Gate Yacht Club, fought back based on the Deed of Gift. The Americans also said they were concerned about safety because of RAK's proximity to Iran.
If Cahn's order is taken literally, Masmejan said, the Swiss are entitled to pick a Northern Hemisphere venue, "and that is RAK."
But if Cahn's order is made to comply with the Deed of Gift and the Swiss pick a Northern Hemisphere venue, "then it has to be May," Masmejan said.
The Swiss also asked the court to overturn a lower court's ruling that rudders will not be included in the crucial load waterline calculation. The Americans say the Swiss want that provision in order to disqualify Ellison's trimaran.
Copyright 2009 by The Associated Press
