Holders Alinghi are preparing to go back to court after again failing to reach agreement with rivals BMW Oracle over the timing of the next America's Cup.

The Swiss and American teams held a meeting at Alinghi's Geneva nautical society (SNG) base but were unable to agree on a date for staging the one-off series ordered by a New York judge in November.

"BMW Oracle are sticking to their proposal of having the race in October 2008 while we maintain that it should not be before May 2009," Alinghi's chief legal adviser Lucien Masmejan said after the meeting.

"We are willing to have a last attempt at negotiations in the next two or three days but we will also be instructing our lawyers as it seems more likely that the matter will have to be decided in court."

In a brief statement on their yacht club's website BMW Oracle said they did not wish to disclose details of Wednesday's discussion but remained "focused on moving the issue forward quickly."

Spokesman Tom Ehman said the Americans would confirm their next steps shortly.

"We remain strongly of the view that the rules on the timing of the event are quite clear," he said in the statement. "The sooner we race the Deed of Gift match the sooner we can all get the America's Cup back on track."

New York State Supreme Court Judge Herman Cahn last week threw out a request from Alinghi that he reconsider his November ruling.

Cahn's decision recognised BMW Oracle as the legitimate challengers for the next edition of world yachting's biggest prize rather than the Spanish yacht club CNEV favoured by Alinghi.

Since Alinghi and BMW Oracle were unable to agree on the format of the competition they must now contest a best-of-three series as dictated in the America's Cup rules, known as the Deed of Gift.

The eventual winner will then have the right to organise the subsequent America's Cup.

Under the rules of the best-of-three series, Alinghi can choose the location of their match-up with BMW Oracle, but the American team can name the type of boat to be used.

BMW Oracle has said it will opt for large catamarans prompting Alinghi to insist on more time to design and build a boat.

The Swiss team, backed by biotechnology billionaire Ernesto Bertarelli, also claim that BMW Oracle are reneging on an informal agreement to hold the race at least 10 months after the final court ruling.

"We are in favour of racing in July 2009 and we still think that is the best time for racing in Europe," Masmejan said. "But we have accepted that they have the right to choose any date after May 2009.

"The fact that they are still sticking to October of this year in the full knowledge that we cannot have a boat ready in that time shows they are willing to win the Cup without any regard for how they win it or the fairness of the competition."

Reuters