Today, the U.S. club hand-delivered its notice of intention to race to the Geneva Nautical Society, home of Alinghi, believing that the "official challenger of record" — Club Nautico Espanol de Vela of Valencia — will be nullified since the Spanish club does not qualify.

Golden Gate argued that the CNEV, home of Desafio Espanol, had never held an annual regatta and was essentially a new yacht club specifically set up for this challenge.

"The challenging yacht club (must) conduct an annual regatta on an arm of the sea," a Golden Gate statement said. "CNEV has never conducted a regatta of any kind and thus cannot be a legitimate cup challenger."

The Americans believe the Deed of Gift, the competition's governing document, will allow them to take Desafio Espanol's place in negotiating the format of the competition, just as it did for the 32nd edition.

"GGYC threw its hat into the ring now because it wants to be ready to assume that role should the Spanish challenge be struck out as being invalid," BMW Oracle Racing spokeswoman Jane Eagleson said.

The Geneva Nautical Society refused to comment or confirm that the challenge had been delivered.

Desafio Espanol argued the deed doesn't say whether a regatta has to be held before or after the signing of the protocol.

"With this in mind, the CNEV has already organized two regattas for the end of July in Santander," Desafio Espanol said in a statement.

Desafio Espanol signed the protocol moments after Alinghi defended its title with a 5-2 series win over Emirates Team New Zealand, clinched in a dramatic one-second win over the Kiwis last week.

"After what was perhaps the closest match-racing in decades, most of the challengers' don't want to see the America's Cup lose its present momentum," Eagleson said.

Alinghi announced the first change in boat class since 1992 for the next edition, but has until Dec. 31 to set construction specifics, rules and dates for the warm-up regattas.