In an article By PAUL CAINE of Associated Press in LONDON they stated the following: -

America's Cup in troubled waters as lawyers bicker

Olympic champion Ben Ainslie has his eye on winning the America's Cup for Britain and wants the lawyers to get out of the way.

"For the younger generation of sailors, for people like myself, we just want to get out on the water and race," he told The Associated Press.

Ainslie, a three-time Olympic gold medalist, is a member of Britain's Team Origin challenge. But the next America's Cup has been thrown into limbo by a long-running court case.

Team Alinghi, backed by billionaire Swiss businessman Ernesto Bertarelli, successfully defended its title against Team New Zealand in a regatta off Valencia, Spain, in July 2007. Within days of capturing the world's oldest sports event, it released the rules for the 33rd America's Cup and accepted Club Nautico Espanol de Vela as the Challenger of Record.

San Francisco-based BMW Oracle Racing, bankrolled by Oracle boss Larry Ellison, contends the Spanish club did not meet the requirements for a challenger set out in the Deed of Gift, the document written in 1852 that defines the race's guidelines.

BMW Oracle says Alinghi wants too much control of the event and has been in court trying to become the Challenger of Record, which would give it the right to help set the rules for the next America's Cup. A decision by the New York State Court of Appeals is expected next year.

All of which has made it harder for would-be challengers to attract sponsors.

"Until you have certainty, it's incredibly hard to sell that commercially," Ainslie said.

Alinghi and 10 challengers — including teams from Belgium, Britain, France, Italy, New Zealand, Sweden and South Africa — met in Geneva on Tuesday and began creating rules for the next regatta.

Because of its pending appeal, BMW Oracle Racing did not attend. Other likely challengers — including Mascalzone Latino, Luna Rosa Prada and Team Germany — were also absent.

"I think the main issues that BMW Oracle has had regarding the protocols has dwindled to almost nothing," said Ainslie, who was honored this week as World Sailor of the Year for a third time. "The differences now appear to be minimal."

BMW Oracle spokesman Tom Ehman cited what appeared to be "some movement towards fairness" and applauded the decision to have the race officials, technical director and umpires be selected from International Sailing Federation officials.

A major sticking point remains the makeup of the arbitration panel, which rules on America's Cup disputes. Ehman also points to the arrangement by which ACM, the management company controlled by Bertarelli, can change any rule any time.

The turmoil in the world's financial markets poses a big obstacle. Bertarelli hopes to change the model that required top teams in the last America's Cup to spend $100 million or more just to be competitive.

Bertarelli believes costs could be cut by as much as 75 percent. But teams would have to stick to one boat — previously they would develop two to create competition and perfect their challenge — and develop a more modern and dynamic vessel.

Alinghi skipper Brad Butterworth has been involved in the America's Cup since 1983 and says controversy comes with the event. But, he adds, the economic climate has complicated this latest dispute.

"With the America's Cup, there's a certain amount of divisive factors, it's like a virus," Butterworth said. "(Competitors) are not walking over broken glass to get into this game. It's hard on a lot of teams, people are out of work. ... If we don't get going, and don't have (pre-Cup) regattas next year, then another year will have gone by and we will have done nothing."