The 33rd America's Cup between Société Nautique de Genève defending with team Alinghi against Golden Gate Yacht Club, and their racing team BMW Oracle Racing was the subject of extensive court action and litigation, surpassing in acrimony even the controversial 1988 America's Cup. Since the two parties were unable to agree otherwise, the match took place as a one-on-one deed of gift match in gigantic, specialized multi-hull racing yachts with no other clubs or teams participating. The Golden Gate Yacht Club won the match 2–0 as their yacht USA 17 powered by a rigid wing-sail proved to be significantly faster than Société Nautique de Genève's yacht Alinghi 5. The litigation leading up to the match included which club would be the challenger, the dates and venue for the regattas, certain rules governing the regattas (in particular the measurement rules), and the construction of the boats.
When Société Nautique de Genève (SNG) successfully defended the trophy in the 32nd America's Cup, they immediately accepted a challenge from Club Náutico Español de Vela (CNEV) a Spanish organization formed expressly for the purpose of challenging for the cup and keeping the regatta in Valencia. When SNG and CNEV published their protocol for the 33rd America's Cup challenge, there was widespread consternation over its terms, with some teams and yacht clubs calling it the worst protocol in the history of the event.
The Golden Gate Yacht Club (GGYC) filed its own challenge for the Cup and then filed a court case asking that CNEV be removed as Challenger of Record as being unqualified under the Deed of Gift. GGYC also asked that it be named as the rightful Challenger of Record, being the first club to file a conforming challenge. There followed a long and acrimonious legal battle, with the New York Court of Appeals finally deciding on April 2, 2009, that CNEV did not qualify as valid challenger, and that the GGYC was thus the rightful Challenger of Record.
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