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Coutts awaits hearing after Cup row

Two weeks ago he was battling it out in Hamilton Harbour as he won his seventh King Edward VII Gold Cup, but ace skipper Russell Coutts now has a much tougher fight ongoing.

The Kiwi?s once-rosy alliance with Swiss biotech billionaire Ernesto Bertarelli ? who bankrolled the victorious America?s Cup campaign in 2003 ? has turned sour and the two are now embroiled in a legal row in Switzerland, making claims and counter-claims against each other.

According to , one of sailing?s top publications, Coutts was sacked last July by Bertarelli who had lured him away from Team New Zealand in 2003 to lead the Swiss challenge aboard .

Bertarelli contends that Coutts breached his contract while the latter charges that Bertarelli terminated it illegally.

?We?ve started the arbitration procedure about my employment contract. Both sides have nominated one arbitrator and those two nominate a chairman and that?s all been done. We?re sorting out the date for the first hearing,? confirmed Coutts regarding the legal proceedings.

The 42-year-old, the most successful skipper in America?s Cup history with 14 consecutive race wins in the last three events, is seeking to extricate himself from all ties with and Bertarelli, possibly to be involved in the 2007 America?s Cup for another team.

Twice the Swiss Cup holders have changed the protocol, one of the key documents governing the next America?s Cup, with the last alteration effectively preventing Coutts from moving to any other team, in any capacity.

Made without consultation, the change affects many other sailors and tops the agenda at all challenger meetings.

?I disagree with the rule entirely,? Coutts said. ?I want to get my freedom back. I want to sail in the next Cup if I choose to.

?Whether I sail is contingent on a lot of things; on a team wanting me or some other alternative that I might decide to pursue. But at this stage I can?t make any plans until they rule on the rules.?

Bertarelli has said it?s impossible for Coutts to sail for a rival team because of a non-compete clause in his contract.

As one sailing insider at the Gold Cup quipped: ?He (Bertarelli) has got him in a golden handcuff.?

Coutts disagrees with his former employer vehemently and makes a thought-provoking argument.

?The non-compete clause does not apply if the contract was terminated illegally or if they have breached certain terms of the contract.

?I would suggest you?ve got to ask why the protocol rule was put in place at all if they thought they were protected under the contract.?

Meanwhile, Coutts, who beat Australian James Spithill in an abbreviated, weather-hampered final to win the Gold Cup, is rumoured to be considering linking with German software magnate, Hasso Plattner, for another America?s Cup.

?I know there have been rumours about America?s Cup but I certainly haven?t spoken to Hasso about it and he?s not spoken to me,? said the legendary sailor.

Another flashpoint with Bertarelli concerns Coutts? plans, developed with American Paul Cayard, for a new pro-series, fleet race championship circuit, in identical high-performance 90-footers.

The Swiss billionaire feels this is a direct competitor to the America?s Cup.