SAN DIEGO -- America's Cup challenger BMW Oracle Racing won another favorable judgment in a New York court in its long, bitter legal fight with defending champion Alinghi of Switzerland.
In a ruling on a technical matter, Justice Shirley Kornreich of the New York State Supreme Court said Friday that the rudder of BMW Oracle Racing's 90-foot trimaran will be excluded when the boat's load waterline is measured.
The Americans had said the Swiss stipulated that the boat be measured with its rudder attached, which would make it exceed its 90-foot waterline, opening it up for disqualification.
"We're disappointed she reached that conclusion," said Barry Ostrager, a New York lawyer who represents Swiss yacht club Societe Nautique de Geneve. "We're a little surprised she did."
Kornreich also set a hearing on Wednesday and ordered each of the feuding parties to provide one independent expert who has sat on an America's Cup jury. Those experts will pick a third independent expert, who also has sat on an America's Cup jury, and the three will testify on five questions the judge has on rules and the safety of holding the best-of-three series between the Americans and Swiss in Valencia, Spain, in February.
"We welcome this decision," BMW Oracle Racing skipper and CEO Russell Coutts said in a statement. "We also totally support the court's initiative to resolve the remaining issues with input from experts who are previous America's Cup jurors and able to bring their experience to bear on sailing and technical matters."
On Tuesday, Kornreich sided with BMW Oracle Racing when she ruled that Ras al-Khaimah, United Arab Emirates, wasn't eligible to host the America's Cup because the 19th-century Deed of Gift that governs the competition says racing can't be held in the Northern Hemisphere between Nov. 1 and May 1.
The racing appears headed toward Valencia, unless the two sides can agree to a Southern Hemisphere port. Although Valencia is in the Northern Hemisphere, neither side objected earlier in the court fight to holding the best-of-three series in the Spanish port. Valencia hosted the 2007 America's Cup.
Kornreich also wants the experts to answer questions about the use of moveable water ballast in the measurement of load-water line, whether racing and other rules can be changed after the Notice of Race is issued, when the International Jury is customarily appointed and whether the agreement between the International Sailing Federation and SNG provides for the jury to be independent and objective.
"These issues go right to the heart of what we have advocated all along: fair rules and fair play," said Coutts, a three-time America's Cup winner. "This is a significant step toward getting the America's Cup back on track."
Said Ostrager: "I'd say that the judge has identified five issues that she wants testimony on and I'm quite satisfied that the three experts will provide testimony that's favorable to SNG on all five issues."