Alinghi move on to the appeals court

More on the Swiss defender's latest legal manoeuvrings

Since Alinghi made their most recent announcement, we have received a little more explanation of what this means.

The case between the Societe Nautique de Geneve (Alinghi) and the Golden Gate YC (BMW Oracle) is now heading for the Appellate Division of the New York Supreme Court, the next step up towards and the final stage before the pinnacle of the US legal system, the New York Court of Appeals.

Rather scarily moving up to the Appellate division not only circumvents the outstanding issues Justice Cahn is presently deliberating over - the date of the 33rd America's Cup and something we didn't know - the SNG's request to have further information about the Golden Gate Yacht Club's boat. The SNG's lawyers in New York are presenting their case to the Appellate Division over the next 24 hours and as part of this there will be a request for a 'motion to stay'. This means that the motions passed by Justice Cahn over the last six months may be suspended. This could include everything right the way back to Justice Cahn's ruling last November that Alinghi's Spanish Challenger of Record, the CNEV is invalid.

To speed up the appeal process, the SNG's lawyers are requesting an 'expedited appeal' which means that a hearing could take place in June, with both sides once again having to submit papers to the court. At this stage it is unclear if the SNG lawyers will be attempting start from scratch, appealing all of Justice Cahn's rulings or just his most recent.

Ironically Alinghi/SNG are claiming they are doing this in the name of speeding up proceedings. However what they will certainly achieve with this latest legal maneouvre is ensuring that the 33rd America's Cup absolutely won't take place this year. However this has been their game plan since Justice Cahn turned down their appeal on 18 March. BMW Oracle Racing are believed to be way further ahead in the development and build of their 90ft multihull than Alinghi are, to the extent that Alinghi would have problems completing the build, let alone the development of their own multihull this year, within the period allowed for racing the America's Cup in the Northern hemisphere under the Deed of Gift (ie up until October).

A decision over whether the Appellate Division of the New York Supreme Court will hear the case is to be decided in the next 48 hours. Assuming this is given the thumbs up, new papers have been drawn up by both sides and presented to the court. A hearing is most likely to take place in May.

We are waiting to hear from BMW Oracle Racing/GGYC about their view on this.