While in November Justice Cahn ruled that the newly formed Spanish club, the CNEV was invalid in its role as Alinghi's Challenger of Record over a technicality - they hadn't previously held an 'annual regatta' in accordance with the terms stipulated in the America's Cup governing document, the Deed of Gift - so in the build-up to Wednesday's hearing Alinghi's lawyers have been making a similar case against the GGYC challenge over a discrepancy in the certificate accompanying their challenging document specifies that their challenge will be in a 'keel yacht' that will at the same time have 'an extreme beam of 90ft wide' (see above).During a day off due to a lack of wind at Key West, Alinghi principal Ernesto Bertarelli took time out to state his case: "If GGYC is to challenge Alinghi with a keel yacht that is 90 by 90ft, it is most likely look like a barge. We are very happy to entertain a regatta against a barge, but I don’t think that is the point of our argument. The point of our argument is that GGYC did not submit the correct certificate and therefore cannot be entertained as a Challenger of Record."
