Yachting: America's Cup back in the courts

In an entirely predictable return to legal action for a seventh - yes, seventh - time in two years, America's Cup challenger BMW Oracle has now asked the New York courts to reject Ras al-Khaimah, United Arab Emirates, as the venue for the 33rd Cup.

Oracle and holders Alinghi are due to race in a one-on-one challenge in a giant trimaran and a giant catamaran respectively beginning on February 8. While there is no evidence that date will be delayed at this stage, this and other legal action still before the courts could yet intervene.

BMW Oracle has asked that the Persian Gulf port be replaced with Valencia, Spain, as the site for the best-of-three showdown, saying Ras al-Khaimah (on the southern end of the Persian Gulf, near the Strait of Hormuz, which separates the Arabian Peninsula from Iran) "fails on every key measure necessary for a successful America's Cup," including infrastructure, security and wind.

The choice of venue seemed certain to raise hackles. BMW Oracle's boss, Larry Ellison, is of Jewish origin and the proximity to Iran seemed provocative even before the international sabre-rattling began over Iran's feared nuclear weapon plans.

Oracle said Ras al-Khaimah was particularly unsuitable because the proposed racing area is within 17 miles of islands occupied by Iran in a territorial dispute with the UAE.

However, Alinghi's Brad Butterworth, talking to the Independent, dismissed the claims that the race area was in a security hot spot because of its proximity to Iran. Tiger Woods plays golf in the region, said Butterworth, and Roger Federer, Switzerland's tennis star, also plays there. Sir Russell Coutts, BMW Oracle CEO and an old mate of Butterworth's, will himself soon take his RC44 circuit to neighbouring Dubai for its sixth and final 2009 event.

There is other court action on the go. Oracle is asking the New York Supreme Court to reconsider the way the event is to be run, the appointment of officials, with the International Sailing Federation (ISAF) involved in that process, and the extent of their jurisdiction, and also the way the BMW Oracle boat, USA, is to be scrutineered.

The thrust of all this is that Oracle fears that Alinghi has set up the rules in such a way with the ISAF that Oracle's boat will always fall foul of some infringement or another and could be ruled out of the Cup by protest, officialdom and/or bureaucracy adhering to what it fears are one-sided rules.

Butterworth dismissed those fears and said there would be nothing untoward in the rules for the event next February, nor would there be any attempt to disqualify the BMW Oracle trimaran from racing against the Alinghi catamaran.

He said the international jury to be appointed by the ISAF by December 15 would not be shackled and would operate normally.

Alinghi, of course, were interested in the RAK venue because of the light airs which will benefit its catamaran. Oracle want Valencia because the stronger breezes there will suit its trimaran. Each blames the other for the court action in press releases routinely fired off at each other.

It's all becoming even more tedious. And doesn't the Louis Vuitton World Series, due to start in Nice next month, look really good?