Judges call on Americas Cup rivals to resolve their lengthy dispute

Swiss America's Cup holder Ernesto Bertarelli was hit for six today when the New York Court of Appeals ruled that his structure for the next event was faulty and installed California-based arch-rival Larry Ellison as challenger of record.

Both Bertarelli and his rival, the Oracle software boss Larry Ellison, were given a finger wag by the judges, who called on them to sit down and sort out their differences. Protracted legal war, war may soon be followed a jaw, jaw with a rather more urgent timetable. First contact was expected to be by telephone between the two principals.

"We will work hard to urge and encourage both sides towards a multi-challenger 33rd America's Cup to ensure that the event gets back on track as soon as possible," said Britain's Origin team boss Sir Keith Mills, knowing this was a holding position until both BMW Oracle, which has repeatedly said it wants a multi-challenger event, and Alinghi, which has repeatedly said it wants a multi-challenger event, say what they now intend to do.

BMW Oracle was saying only that it was pleased with the court decision. Alinghi, in an ambiguous response, said that it had "consistently" wanted to settle the matter and would now discuss the terms of the regatta with BMW Oracle.

In July 2007, after a successful defence against the Kiwis in Valencia, Spain, a newly-formed Spanish yacht club was installed as the challenger of record and a protocol for an event this year, which concentrated even more control in the billionaire's hands, was presented to all other potential challengers, including Britain's Origin, skippered by Ben Ainslie.

But the American team, which was lining up three-time cup winner Russell Coutts, sidelined as his skipper by Bertarelli, cried foul. A first run through the New York court agreed that the installation of the Club Nautico Espanol de Vela, did not fall within the trust deed guidelines set down in 1867 by the New York Yacht Club.

Bertarelli, through his Geneva Yacht Club sponsor, appealed and the Appellate Division backed him. Ellison's club, the Golden Gate Yacht Club, took the matter to the Court of Appeals and the six-judge panel voted 6-0 in favour of Golden Gate, installed it as the challenger of record and awarded costs against Bertarelli.

As legal bills have often been running in excess of $500,000 a month over the last 21 months, the billionaire former pharmaceuticals boss is thought to have taken a major hit to his piggy bank.

Ellison's BMW Oracle team challenge is in a giant trimaran, which has been testing off San Diego. Bertarelli's skipper, Coutts' former best buddy Brad Butterworth, recently said that the Alinghi yacht, thought to be a catamaran with a central pod, could finish building within a couple of months.

As defender, the Swiss have the choice of venue and have been indicating strongly that this would continue to be Valencia, but that the best of any one-on-one three-race series would not be staged until May next year. it may never happen.

News
election 2015The 10 best quotes of the campaign
News
A caravan being used as a polling station in Ford near Salisbury, during the 2010 election
election 2015The Independent's guide to get you through polling day
News
people
Voices
David Blunkett joins the Labour candidate for Redcar Anna Turley on a campaigning visit last month
voicesWhat I learnt from my years in government, by the former Home Secretary David Blunkett
Have you tried new the Independent Digital Edition apps?
Caption competition
Caption competition
  • Get to the point
Latest stories from i100
Daily Quiz
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

Career Services

Day In a Page

General Election 2015: ‘We will not sit down with Nicola Sturgeon’, says Ed Balls

'We will not sit down with Nicola Sturgeon'

In an exclusive interview, Ed Balls says he won't negotiate his first Budget with SNP MPs - even if Labour need their votes to secure its passage
VE Day 70th anniversary: How ordinary Britons celebrated the end of war in Europe

How ordinary Britons celebrated VE Day

Our perception of VE Day usually involves crowds of giddy Britons casting off the shackles of war with gay abandon. The truth was more nuanced
They came in with William Caxton's printing press, but typefaces still matter in the digital age

Typefaces still matter in the digital age

A new typeface once took years to create, now thousands are available at the click of a drop-down menu. So why do most of us still rely on the old classics, asks Meg Carter?
Discovery of 'missing link' between the two main life-forms on Earth could explain evolution of animals, say scientists

'Missing link' between Earth's two life-forms found

New microbial species tells us something about our dark past, say scientists
The Pan Am Experience is a 'flight' back to the 1970s that never takes off - at least, not literally

Pan Am Experience: A 'flight' back to the 70s

Tim Walker checks in and checks out a four-hour journey with a difference
Humans aren't alone in indulging in politics - it's everywhere in the animal world

Humans aren't alone in indulging in politics

Voting, mutual back-scratching, coups and charismatic leaders - it's everywhere in the animal world
Crisp sales are in decline - but this tasty trivia might tempt back the turncoats

Crisp sales are in decline

As a nation we're filling up on popcorn and pitta chips and forsaking their potato-based predecessors
Ronald McDonald the muse? Why Banksy, Ron English and Keith Coventry are lovin' Maccy D's

Ronald McDonald the muse

A new wave of artists is taking inspiration from the fast food chain
13 best picnic blankets

13 best picnic blankets

Dine al fresco without the grass stains and damp bottoms with something from our pick of picnic rugs
Barcelona 3 Bayern Munich 0 player ratings: Lionel Messi scores twice - but does he score highest in our ratings?

Barcelona vs Bayern Munich player ratings

Lionel Messi scores twice - but does he score highest in our ratings?
Martin Guptill: Explosive New Zealand batsman who sets the range for Kiwis' big guns

Explosive batsman who sets the range for Kiwis' big guns

Martin Guptill has smashed early runs for Derbyshire and tells Richard Edwards to expect more from the 'freakish' Brendon McCullum and his buoyant team during their tour of England
General Election 2015: Ed Miliband's unlikely journey from hapless geek to heart-throb

Miliband's unlikely journey from hapless geek to heart-throb

He was meant to be Labour's biggest handicap - but has become almost an asset
General Election 2015: A guide to the smaller parties, from the the National Health Action Party to the Church of the Militant Elvis Party

On the margins

From Militant Elvis to Women's Equality: a guide to the underdogs standing in the election
Amr Darrag: Ex-Muslim Brotherhood minister in exile still believes Egypt's military regime can be replaced with 'moderate' Islamic rule

'This is the battle of young Egypt for the future of our country'

Ex-Muslim Brotherhood minister Amr Darrag still believes the opposition can rid Egypt of its military regime and replace it with 'moderate' Islamic rule, he tells Robert Fisk
Why patients must rely less on doctors: Improving our own health is the 'blockbuster drug of the century'

Why patients must rely less on doctors

Improving our own health is the 'blockbuster drug of the century'