The date and venue of the next America’s Cup remains undecided after Judge Herman Cahn of the New York Supreme Court said he would take further time to consider his ruling. He was responding to a renewed claim by the Société Nautique de Genève that Team Alinghi would not be ready to race this year.

The judge appeared to have ruled out a July match race – the date hoped for by Larry Ellison’s BMW Oracle. But he could order a match this October, 10 months after the court case in November 2007. Otherwise he could start the 10-month notice on the date of either his judgment, expected in about 10 to 14 days, or his judgment last month. This could mean a match race in January 2009, but that would imply an event in the Southern Hemisphere. (A Northern Hemisphere match, under the terms of the 1887 Deed of Gift, can only be held from May to October.)

Judge Cahn added that it was not the business of the court to rule on matters of fairness. The Alinghi lawyers are considering all options which could mean recourse to the Appellate Division even before Judge Cahn hands down any new ruling.

Lucien Masmejan, SNG lead counsel, issued the following statement: “It is unfortunate that we do not yet have a date for the 33rd America’s Cup as this means we are still not in a position to properly prepare our defence. Justice Cahn agreed that the fight for the America’s Cup must be on the water in a proper sporting competition and not in court. We hope for a favorable outcome shortly.”