The America’s Cup was back in
court, with the defender and challenger of record
presenting their reasons for when the Deed of Gift
match should be held.
The date and venue of the next America's Cup remained
in limbo after Judge Herman Cahn of the New York
Supreme Court said he would take further time to
consider his ruling.
The judge appeared to have ruled out a July defence
against Larry Ellison's San Francisco-based BMW
Oracle, which is now the sole challenger. But he
could order a match in October, 10 months after
the court cases at the end of November last year.
Or he could start the 10-month notice clock on the
date of either his judgment, expected in about 10
to 14 days or his last judgment last month.
This could mean January next year but that would
imply an event in the Southern Hemisphere. A Northern
Hemisphere match, under the terms of the 1887 Deed
of Gift, which the judge must apply, can only be
held from 1 May to 31 October.
Judge Cahn added that it was not the business of
the court to rule on matters of fairness. The Alinghi
lawyers are considering "all options" which could
mean recourse to the Appellate Division even before
Judge Cahn hands down any new ruling. "