Holders Alinghi said that the America's Cup was in danger of being "kidnapped" and appealed against a New York judge's ruling that BMW Oracle should be their next challenger.

The Swiss syndicate said in a lawsuit that BMW Oracle, which sponsors the Golden Gate Yacht Club, had "kidnapped the 33rd America's Cup from the numerous yacht clubs that committed to sail in the next race and forced a one-on-one race with SNG [Alinghi's Geneva nautical society]."

Without a reversal of the court's order "the America's Cup will be decided by judicial fiat (arbitrary order) rather than by sailors on the water," the lawsuit added.

A court is expected to rule on Alinghi's appeal in June.

A New York judge ruled in November that BMW Oracle should be the challengers for the next edition of yachting's biggest prize rather than the Spanish yacht club CNEV favoured by Alinghi.

The same judge also threw out a request in March by Alinghi to reconsider his ruling.

The Golden Gate Yacht Club called Tuesday's move regrettable.

"This appears to contradict any number of assurances given by Alinghi officials and lawyers that they would not appeal. Unfortunately it is also consistent with their preference from day one to do anything to avoid a boat race," said club spokesman Tom Ehman.

Barry Ostrager, a lawyer for Alinghi, said a quick appeal was the only way to end the uncertainty.

A separate dispute over when the America's Cup will be held is also being heard in a New York court.

Reuters