It now seems certain - Artemis will not be allowed special dispensation to use safety rudders in the 34th America's Cup.
Formal notice is expected in the next day or so after it is understood that the Italian challengers, Luna Rossa, stood firm in their stance not to allow the Swedish syndicate to use the rudders yesterday.
Artemis, battling to get back on the water after their fatal capsize in May, said the international jury's ruling in favour of Team New Zealand and Luna Rossa might exclude them from competing as they did not have a set of rudders that comply with the new class rule.
But Team New Zealand were prepared to offer Artemis dispensation to the class rule if it meant helping Iain Percy and his crew get back on the water. Oracle were also keen - but not the Italians who said they felt Artemis had rudders which would comply with the rule.
The Italians may not have forgiven Artemis for challenging Luna Rossa and their design co-operation with Emirates Team NZ. It was also Artemis (some say with one hand forced up their back by defenders Oracle) who protested to the jury again over the two teams' ability to foil. They lost that one, too.