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 yesterday 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 told Reuters.

"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 ( www.ggyc.com ) BMW Oracle said they did not wish to disclose details of yesterday'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."

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