As expected, Alinghi will not readily allow the Americans to deprive them of the privilege they win on the water.

Today, their new attorneys filed a motion to renew and reargue in front of the court in the case opposing GGYC and SNG on the 33rd America’s Cup.

"The judge appointed then GGYC as Challenger of Record without further instruction", said Lucien Masmejan, lead counsel for the SNG. "But no one – including the judge - brought its attention on the fact that GGYC challenge was not receivable due to a major flaw in their boat certificate, a key document as per the Deed of Gift".

Alinghi said that the challenge BMW Oracle's club GGYC (Golden Gate Yacht Club) lodged when they launched their legal action was invalid because the boat they propose to race was flawed.

"The document submitted by GGYC describes a keel yacht, which is by definition a mono-hull, with a size of 90 feet X 90 feet", said Lucien Masmejan. "We want to make sure this is the boat they would show up with and not a multi-hull, or their challenge would deem to be invalid."

"A 90x90 would look more like a barge than a racing yacht," added Michel Hodara, head of Alinghi's event organising body ACM. "Either the challenge is deemed valid in a 90x90 monohull or it's not valid and GGYC loses its ranking in the challenger of record stakes."

In that case, the challenger of record position would be taken by one of the teams that have already registered for the 33rd America's Cup, which Alinghi now expects to race in 2011.

Hodara said that if the judge merely tells GGYC to rewrite its boat certificate rules, Alinghi would likely appeal.

The New York State Supreme Court will consider the America's Cup dispute on January 14..