ALBANY, N.Y. — New York's top court is set to hear arguments over whether a Spanish or American sailing club is the legitimate challenger for the America's Cup, currently held by the Swiss.

The case before the Court of Appeals pits San Francisco's Golden Gate Yacht Club, which backs BMW Oracle Racing, and Societe Nautique de Geneve, the Swiss club that backs two-time defending America's Cup champion Alinghi and accepted a challenge from a Spanish association.

A midlevel New York court split 3-2 when it concluded that Spain's Club Nautico Espanol de Vela, and not the Golden Gate Yacht Club, is the "Challenger of Record." That challenger helps set the format for the 33rd America's Cup regatta while representing all the challengers in negotiations with the defender.

On the Web: The oral arguments are scheduled for 2 p.m. EST and will be Webcast at http://www.nycourts.gov/ctapps/.