BMW Oracle Racing has given up trying to negotiate a conventional America's Cup challenge with holders Alinghi and now wants a New York court to confirm a multi-hull race in October 2008, the team said.

"We had hoped to negotiate a conventional regatta," BMW Oracle CEO Russell Coutts said.

The team added: "The Defender has made it clear to us and the America's Cup community that they will not negotiate.

"We are now fully committed to a multi-hull event in 2008."

The New York State Supreme Court will consider the America's Cup dispute on January 14, Oracle - owned by billionaire Larry Ellison and based at the Golden Gate Yacht Club in San Francisco - revealed.

The fate of the next America's Cup, set for 2009, was thrown into confusion after this year's victory in Valencia by Alinghi, with BMW Oracle launching court action after the Swiss team chose a Spanish yacht club as the next challenger of record.

A New York court ruled in November that BMW Oracle should be the main challenger, in a decision now appealed by Alinghi, which expects the next race in 2011.

"If we are able to win, and Valencia and Spain are supportive, we would return to a conventional America's Cup regatta in Valencia in 2011 with fair and transparent rules agreed with the challenges by mutual consent," BMW Oracle said.

Reuters