Just when you think it's safe to come out of the court room, back the America's Cup goes for another round of legal tug-o-war. But at least the sailors are going sailing again, learning to sail - and even capsize - other people's multihulls. The 33rd Cup could be fun after all.

The 33rd America's Cup appears to be edging its way out of the court room and back to the water, although you can never be too sure. A few weeks ago in mid-March, when Justice Cahn of the New York Supreme Court upheld his original decision, made last November, for the Golden Gate Yacht Club to become the Challenger of Record, it appeared that Alinghi was at last resigned to the 33rd Cup being a Deed of Gift shoot-out between two teams, in giant multihulls.

On this much, the two teams are in reluctant agreement. Both the Swiss and Americans are now busying themselves learning the basics - and we do mean the basics - of handling big multihulls. Alinghi capsized their borrowed Open 60 trimaran. Very embarrassing, but more of that later.

Back on the legal side of things, the argument has moved on to the timing of this match, which is expected to be a best-of-three series, in what venue we don't yet know. Construction of BMW Oracle Racing's new giant multihull has been underway for some months, while Alinghi has barely started designing the defending ship and is scrambling to play catch-up. BMW Oracle is pushing for a date in October 2008, Alinghi wants May 2009, saying that if the event is to take place this year, it might as well fly the Cup to San Francisco now, and be done with it.

Team New Zealand boss, Grant Dalton, gives his view thus: "Alinghi has had as much time to design and build a multihull as BMW Oracle. It is apparent that Alinghi was so certain of a victory in the New York Supreme Court that it had not developed a viable contingency should the judge rule in BMW Oracle's favour. Having admitted that they cannot be ready by October, we believe that Alinghi should forfeit right now, allowing BMW Oracle and the other challengers to get the America's Cup back on track and minimising challengers' continuing financial hardship." Indeed Dalton's team, which just a few years ago received a multi-million dollar loan from Bertarelli to keep the Kiwis afloat, is now seeking damages from the Defender, claiming that Alinghi alone must take the blame for these interminable and damaging delays to the Cup.

United Internet Team Germany has already shut up shop, Team Origin is down to a skeleton crew and the Kiwis won't be able to carry on forever in this state of limbo. However, Alinghi does not appear likely to forfeit. Instead the Defender's lawyers have turned to the Appellate Division of the New York Supreme Court which, if they are successful could bypass virtually everything that Justice Cahn has ruled on thus far. Whether or not Alinghi believes this will be successful is unclear, but what it does at least do is buy the Defender valuable time in the game of catch-up in the design room and on the water.

And yes, despite the never-ending court-room drama, the sailors are at least getting out on the water. Both teams are getting to grips with the nuances of multihull racing by training on Extreme 40 catamarans, and both teams have hired top French offshore multihull talent to help them learn about multihull sailing at the bigger end of the range. Bearing in mind that Alinghi pitchpoled and caused quite a bit of resultant damage to Alain Gautier's Open 60 Foncia, one wonders who they will cope with a 90-foot prototype. BMW Oracle have hired Franck Cammas, arguably the most talented French multihull sailor of the modern era and who knows all about what can go wrong with big multis after his leviathan Groupama 3 broke up and capsized in the Southern Ocean earlier this year, thankfully within helicopter rescue range of New Zealand.

With all the temptation and pressure that the designers will feel to build the lightest 90-foot multihull possible, it's going to be fascinating seeing if these teams can even get their giant prototypes around the track in one piece. If the Cup does take place this October, then BMW Oracle's head start in the design and build process should see them win this match at a canter. Which is why Alinghi's successful defence of the Cup lies in the hands of its lawyers. The more they can slow down the legal battle, the faster their sailors will be on the water.