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In a ruling made on Tuesday, the Appellate Division of the New York Supreme Court upheld the previous decisions of the Court, which declared the Defender's selection of Ras Al Khaimah, UAE as an invalid venue and that rudders are not included in the Load Water-Line measurement.

This means that, unless both parties can mutually agree otherwise, the first race of the best-of-three 33rd America's Cup Match, contested in giant multihulls between the Defender, the Société Nautique de Genève (whose team is Alinghi) and the Challenger, the Golden Gate Yacht Club (BMW ORACLE Racing), will be held on 8 February 2010 in Valencia, race two on 10 February with race three, if necessary, on 12 February.

In response to the Court ruling, Fred Meyer, Société Nautique de Genève vice-commodore, said the Defender would accept the Court's latest ruling, "Once again BMW Oracle's strategy to try to win the America's Cup in court instead of on the water has been successful. For the first time in the history of the America's Cup the Defender has been stripped of its fundamental right to select the venue. Société Nautique de Genève accepts this decision and Alinghi is looking forward to racing for the America's Cup on the water in Valencia, Spain, in February 2010,"

"This is a big stride forward," commented Tom Ehman, Golden Gate Yacht Club spokesperson. "In place of doubt and delay, the sailing world wants certainty. It wants to see this contest to go-ahead soon and be contested under fair rules."

BMW ORACLE Racing has also announced the team has departed their base in San Diego and are now on their way to Valencia to prepare for the Match in February next year. The BOR 90 trimaran, the main element of its unique wing sail, four custom made boxes containing the wing flaps, two spare masts, 19 shipping containers, and 10 other boats are now all on their way across the Atlantic in the cargo ship Oceanlady.

The Alinghi team and the Alinghi 5 catamaran have been training in Ras Al Khaimah.

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