The New York Supreme Court will hear the case on whether the sails of America's Cup holders Alinghi are legal or not at the end of February.
The Swiss holders and American challengers BMW Oracle will battle out the 33rd America's Cup in the best of three race series in multi-hulls in Valencia starting on Monday night.
The court has now set a date of February 25th, meaning that despite what happens on the water next week, the holder of the Cup could well be decided off the water.
Oracle have accused Alinghi of using sails constructed in the United Sates, breaking the 'Deed of Gift' rules that govern the race which say competitors' yachts must be constructed in the country they represent.
Alinghi contested the claim, saying their sails were made in Switzerland, and that sails were outside the original definition of what constitutes the yacht or vessel.
The holders have also accused BMW Oracle of having a French-designed yacht as part of the Swiss team's defence in the long-running legal battle over the America's Cup rules.
