MADRID (AFP) - Defending champions Alinghi of Switzerland have asked the New York State Supreme Court to clarify a ruling made earlier this week that its America's Cup duel against US team Oracle be held in March 2009.
New York Supreme Court Judge Herman Cahn ruled Monday that the best-of-three showdown between the two teams could be held after March 12, 2009 in what was seen as a victory for Alinghi, which preferred May 2009.
San Francisco-based Oracle had insisted the race be held in October 2008.
But since the Deed of Gift, the 1887 protocol setting out the America's Cup rules, prohibits racing in the Northern Hemisphere between November 1 and April 30, Alinghi said it had asked the appelate division of the New York State Supreme Court to establish the first possible race date as May 2009.
The Swiss team's lead counsel, Lucien Masmejan, said that Judge Cahn's ruling "contains some positives for Alinghi but the language is ambiguous as it fails to recognise that a Match cannot happen in the Northern Hemisphere in March as per the Deed of Gift".
Alinghi's request will be considered by the appellate division of the court on June 5, the Swiss side said in a statement.
The 33rd America's Cup had originally been scheduled to be held in July 2009 in Valencia, Spain as a traditional multi-boat regatta.
But organisers indefinitely postponed the event last November because of the legal wrangling between Oracle and Alinghi over the Deed of Gift - the protocol setting out the America's Cup rules.
Alinghi successfully defended their crown against Team New Zealand in the 32nd America's Cup held last year in Valencia.
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