Judge: Persian Gulf Port out as America's Cup Port

The America's Cup won't be sailed in the Middle East, after all.

Ras al-Khaimah, United Arab Emirates, cannot host the contentious showdown between American and Swiss crews based on the 19th-century document that governs sailing's marquee regatta, a New York judge ruled Tuesday.

The decision by Justice Shirley Kornreich of the New York State Supreme Court is a blow to two-time defending champion Alinghi of Switzerland, which picked the little-known Persian Gulf port for its February match against American challenger BMW Oracle Racing.

Kornreich said her decision was based on the stipulation in the 1887 Deed of Gift that the America's Cup cannot be sailed in the Northern Hemisphere between Nov. 1 and May 1, not on concerns by the Americans that RAK was unsafe due to its proximity to Iran.

"I don't believe that I have the ability to deviate from the Deed of Gift," Kornreich said.

The rare one-on-one showdown in massive multihulled boats now appears headed to Valencia, Spain, unless the bitter rivals can agree on another port that complies with the Deed of Gift. In that case, it would have to be in the Southern Hemisphere.

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.

Alinghi skipper Brad Butterworth said the ruling was "disappointing for the UAE as the venue really lends itself to sailing these boats. Now none of this has anything to do with racing boats so I will wait and see what legal move is next."

Kornreich said she ruled from the bench Tuesday to give Alinghi's backing yacht club, Societe Nautique de Geneve (SNG), time to appeal if it choses. It wasn't immediately clear if the Swiss would do so.

The best-of-three series is scheduled to begin Feb. 8.

"Your honor, you're canceling the America's Cup," said attorney Barry Ostrager, who represents SNG.