Dubai: The 33rd America's Cup is again before the courts with challenger BMW Oracle asking the Supreme Court of the State of New York to take the necessary steps to ensure that the sport's oldest trophy is run in accordance with the Deed of Gift.

Tom Ehman, of the Golden Gate Yacht Club (GGYC) on Thursday cited reasons like "recent actions by Société Nautique de Geneve (SNG) to unfairly manipulate the rules and continue their disturbing pattern of misconduct as Trustee of the oldest trophy in sports".

"GGYC is also seeking to require SNG to issue rules for the America's Cup match that comply with the Deed's requirements and the GGYC also seeks to make public the still-secret agreement SNG entered into with the International Sailing Federation [ISAF]," Ehman has stated in his charge before the court.

Among other things, the Challenger has asked the court to direct Defender Alinghi to conduct match racing in accordance with ISAF rules (except for rules restricting vessel design) while also holding that any changes to those rules can only be made with the consent of GGYC and with the required approval of ISAF.

"We remain excited about racing for the 33rd America's Cup in February 2010 and are moving full speed ahead with our preparations - even as we continue our fight for fair and competitive rules," Ehman has stated.

The America's Cup has been facing turbulent times ever since Alinghi successfully defended the title by winning the 32rd edition held in Valencia, Spain on July 3, 2007. Two days after its historic victory, Alinghi revealed the Protocol for the 33rd America's Cup, thus launching the next edition of the oldest prize in sport.

Since then the two teams have been in and out of court, the last instance being at the end of May. Finally, in the first week of August Alinghi announced Ras Al Khaimah as the venue to host the 33rd edition of America's Cup.

As the Defender, Alinghi has time and again exhorted the Challenger to step forward and agree to the venue and all other aspects so that "the tussle can be settled on the waters, instead off it". BMW Oracle CEO, skipper and three-time America's Cup champion Russell Coutts had first welcomed such a move. But with the latest court impasse, it looks like another long-drawn battle of words in New York.