Swiss press for America’s Cup in Persian Gulf port

America’s Cup champion Alinghi of Switzerland told a New York court on Wednesday that it has the right to face American challenger BMW Oracle Racing in Ras al-Khaimah, United Arab Emirates.

The Swiss asked the New York Supreme Court’s Appellate Division to overturn a lower-court ruling that Ras al-Khaimah was ineligible to host the best-of-three showdown beginning on Feb. 8 because the 19th century Deed of Gift prohibits racing in the Northern Hemisphere from Nov. 1 to April 30.

Alinghi also asked that if the court doesn’t reinstate Ras al-Khaimah in February, that the match be delayed until May. That would allow its choice of Ras al-Khaimah to comply with the Deed of Gift.

Alinghi spokesman Lucien Masmejan said that if the Swiss are rebuffed, they’ll face the Americans in Valencia, Spain, in February.

Although Valencia also is in the Northern Hemisphere, neither side objected earlier in the long, twisting court fight to holding the series in the Mediterranean port, although they disagreed on the dates. Valencia hosted the 2007 America’s Cup and both powerhouse teams still have bases there.

The bitter rivals hope for a quick decision from the panel because time is running out before the showdown in the fastest, most extreme boats built in the 158-year history of the America’s Cup.

There was no explanation why the panel included only four judges instead of the expected five. If the panel splits 2-2, it’s believed the case would be reheard by a five-judge panel.

The Swiss have had their 27-meter (90-foot) catamaran, Alinghi 5, in the Persian Gulf port since late September.

BMW Oracle Racing’s trimaran, known as BOR 90 and soon to be renamed USA, has been in San Diego for a year. The Americans will finish their sea trials on Friday, then prepare their 27-by-27-meter (90-by-90-foot) boat to be shipped overseas.

“We are in RAK and would prefer to stay in RAK,” Masmejan told The Associated Press after each side gave oral arguments. “We selected the venue in good faith and now we have to move. If we cannot do it in February, we would like to do it in May in RAK. If not, let’s go to Valencia in February.

“We’re not going to delay the match for the pleasure of delay,” he added. “We’ll race in February. This isn’t to save time, it’s to save RAK.”

Even as they pressed on with their appeal, the Swiss announced two weeks ago that they were preparing to race in Valencia. They also floated Australia as a possible compromise location.

The Swiss say Ras al-Khaimah officials have committed $120 million for infrastructure to host the mammoth boats and their shore crews. When the choice of Ras al-Khaimah was announced in August, Sheikh Saud Bin Saqr Al Qasimi was quoted as saying it was “a great moment for us” to host the competition for the oldest trophy in international sports.

“We have good relations with them,” Masmejan said. “They have been shocked by the decision. We are not under pressure but we feel that we have to be consistent. We’ve said we will do whatever possible to save RAK. If we cannot save it we will not and we will go to Valencia and RAK will accept that.”

The convoluted court fight between American software tycoon Larry Ellison and Swiss biotech mogul Ernesto Bertarelli has been made even more confusing by the convergence of the Deed of Gift and the court’s interpretation of the document, written in 1887.

Although the Deed of Gift stipulates that racing between Oct. 31 and May 1 must take place in the Southern Hemisphere, Justice Herman Cahn—who is now retired—ruled in May 2008 that “the location of the match shall be in Valencia, Spain, or any other location selected by SNG.”

That led Alinghi’s backing yacht club, Societe Nautique de Geneve, to select Ras al-Khaimah.

BMW Oracle, backed by San Francisco’s Golden Gate Yacht Club, fought back based on the Deed of Gift. The Americans also said they were concerned about safety because of Ras al-Khaimah’s proximity to Iran.

If Cahn’s order is taken literally, Masmejan said, the Swiss are entitled to pick a Northern Hemisphere venue, “and that is RAK.”

But if Cahn’s order is made to comply with the Deed of Gift and the Swiss pick a Northern Hemisphere venue, “then it has to be May,” Masmejan said.

The Swiss also asked the court to overturn a lower court’s ruling that rudders will not be included in the crucial load waterline calculation. The Americans say the Swiss want that provision in order to disqualify Ellison’s trimaran.