Yachting rivals back in court, mediated talks resume 22/07/2009
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Two teams due to compete for the next America's Cup will resume mediated talks after a New York judge on Tuesday declined challenger BMW Oracle's request to hold defending champions Alinghi in contempt of court.
The rivals for yachting's top prize have been locked in a legal dispute for more than two years over the terms of the 33rd edition of the race.
Under America's Cup rules, a challenger proposes to race the defending champion, and together they plan the terms of the next race.
But planning talks broke down last week when BMW-Oracle, which sails under the colors of the Golden Gate Yacht Club (GGYC) and is backed by software executive Larry Ellison, accused defenders Alinghi of unfairly changing the rules.
On Tuesday, New York State Supreme Court Justice Shirley Kornreich declined to hold Switzerland-based Alinghi, which is backed by biotechnology billionaire Ernesto Bertarelli and the Societe Nautique de Geneve (SNG), in contempt of court.
"There is no basis for contempt," Kornreich said.
The next America's Cup competition had been scheduled for this year and is now slated to take place in February 8, 2010.
Alinghi initially agreed to race Club Nautico Espanol de Vela (CNEV), a Spanish team that formed as a club just days before submitting its challenge for the America's Cup.
But BMW-Oracle contested CNEV's challenge in a lawsuit filed in 2007. New York state's highest court earlier this year rejected the Spanish team as the challenger and picked BMW-Oracle as the official challenger.
Alinghi has until August 8 to announce its chosen venue, and on Tuesday it appeared likely that there would be further dispute.
Alinghi takes the position they can hold the race anywhere in the world, while BMW-Oracle has cautioned about choosing a venue that might be "dangerous" to its sailors.
(Source: Reuters)
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