The ongoing court case that is the America's Cup took a new legal twist yesterday with the first action in the Team New Zealand-inspired lawsuit against Alinghi, claiming up to US$50 million ($65.5m).
In a separate US action to that involving Alinghi and BMW Oracle, Team New Zealand
are arguing that Alinghi's decision not to compromise with Oracle meant Alinghi could not live up to assurances of staging the 33rd America's Cup in 2009.
Emirates Team New Zealand had been preparing for a 2009 "all-challengers" regatta based on those assurances from Alinghi.
They are seeking US$37m if the regatta is delayed until 2010 and US$50m if delayed until 2011.
The Oracle and Alinghi court action is still waiting on resolution _ expected before the end of this month _ of where and when a head-to-head challenge, probably in 90-foot trimarans, will be held between the two big syndicates.
In theory, such a regatta could be held between Oracle and Alinghi in Valencia in March 2009, although there have been rumours Alinghi head Ernesto Bertarelli has been favouring another venue.
Rumours of Cuba have been scotched but it is now understood Alinghi may be favouring a venue near the famed Cinque Terre heritage area in the Liguria region of Italy.
However, the intervening posturing by both syndicates has indicated that either or both may choose to keep the legal challenges going _ either delaying the head-to-head challenge or, more likely, tying up the whole matter in court with legal challenges after the regatta is sailed.
All that adds up to a lengthy and difficult gestation period before the next, full America's Cup regatta involving all challengers can be held. The head of Britain's new Origin syndicate, Sir Keith Mills, has even expressed doubts the whole process could stretch out until 2013 before there is a conventional regatta involving multiple challenges.
In the meantime, Team New Zealand's opening moves in the US Federal Court were really just the opening shots across the bows _ attempting to nail down where the ETNZ case would be heard and on what basis.
The next steps in the ETNZ action will be taken in late July and then early September.
