Sauber F1 Team 2015

[Richard]

So the next step is VDG turns up at the track for FP1, presumably Sauber won't let him drive, his lawyer waiting at the court obtains an injunction against Sauber which is then served before FP2.

[KeiKo403]

A court can't force Sauber to pay damages as they've not effectivly broken the contract yet, therefore the court are enforcing the legally binding contract. It is Sauber that stipulated he must race in that contract when it was signed.

I remember Sutil & Giedo being somewhat vocal of their contracts so for this to not be looked into prior to the financial trasactions between Nasr/Ericson & Sauber is IMO professional negligence on the managers/lawyers of Nasr & Ericson and also Sauber to allow this situation to occur.

I don't want to see the demise of Sauber at all, but Sutil (if he's in the same position) should do the same as GvdG. Drivers, Pay or Paid, shouldn't be treated like this. Actually, no member of staff, F1 or not, should be treated like this.

[Jonnycraig]

So the next step is VDG turns up at the track for FP1, presumably Sauber won't let him drive, his lawyer waiting at the court obtains an injunction against Sauber which is then served before FP2.

The next step was to get his seat made, which VDG did straight from the courthouse, so he's now fully ready and available. Presuming the ruling is not overturned on appeal, VDG now has access to Victorian state police to enforce the ruling. If/when he's not in the car, I would guess that yes, an injunction will be filed for, and a few Sauber head honchos removed from the circuit by local officers.

A court can't force Sauber to pay damages as they've not effectivly broken the contract yet, therefore the court are enforcing the legally binding contract. It is Sauber that stipulated he must race in that contract when it was signed.

But from the second VDG is not in the car for FP1, the contract is broken and they are in contempt of the Swiss arbitrators & the Australian court and will surely have a crippling writ in their inbox.

[KeiKo403]

A court can't force Sauber to pay damages as they've not effectivly broken the contract yet, therefore the court are enforcing the legally binding contract. It is Sauber that stipulated he must race in that contract when it was signed.

But from the second VDG is not in the car for FP1, the contract is broken and they are in contempt of the Swiss arbitrators & the Australian court and will surely have a crippling writ in their inbox.

Does it count from FP1? Or Quali/Race. Thinking if it's just the race then if he fails to post any representative FP1/2/3/Quali time for 107% rule could that lead to him not being allowed to partake anyway?

[pob]

Does anyone know why the FIA's contract recognition board aren't involved in sorting out this mess?

[turbof1]

I can imagine that governing body of F1 is not all too happy with the state of affairs. Usually a dispute within the sport is solved within that sport. All kinds of rules and courts of its own are present to solve matters discretely.

Some sport organisation even give heavy penalties if a party takes things to a public court. Sauber and vd Garde surely will now be viewed with malcontent. Bernie Ecclestone might now even be in the position of refusing price money, depending on the concorde agreement.

Now, Sauber already stated not wanting to run vd Garde even with the verdict, which will force the latter again going to court. 2 options:
-Either sauber will be forbidden to race
-Or they will have to financially compensate vd Garde.
Edit: oh looks Sauber appealed the decision. We'll get an answer within hours from now.


For a team that that has the name Sauber, this is quite a mess.

[ChrisF1]

Is the appeal not being heard on Thursday, so we're still 14-18 hours from a decision?

[WaikeCU]

http://www.bbc.com/sport/0/formula1/31828900

Sauber driver Giedo van der Garde wins court case to claim race seat

Sh*t just hit the fan. Brace yourselves...

[turbof1]

Is the appeal not being heard on Thursday, so we're still 14-18 hours from a decision?

More like 10-12 hours. Australia is the first country to get into Thursday.

[Sniffit]

Does anyone have the original arbitrary judgement? I assume it had to be handed in to the court as support of vdGs claim?

[Richard]

A few members have referred to "arbitrary". Arbitration is not arbitrary!

• Arbitration = Process of dispute resolution, the arbitrator's decision is binding on all parties.
• Arbitrary = Random choice or personal whim, rather than any reason or system.

[Sniffit]

A few members have referred to "arbitrary". Arbitration is not arbitrary!

• Arbitration = Process of dispute resolution, the arbitrator's decision is binding on all parties.
• Arbitrary = Random choice or personal whim, rather than any reason or system.

not by default but it sure can be

You are of course correct, I am sorry if it caused any confusion.

[efuloni]

I wonder what would be Sauber's strategy if everything goes wrong for them and vdG really get the seat for the weekend.
Would they try to make the best of it, giving him the right car and all, hoping that he gets the best result? Or would they have 'technical problems', may be in a pit stop or whatever?

[turbof1]

They simply will not run if vd Garde gets the seat. If they run vd Garde, then either Nasr or Ericsonn will launch their own case in court. By not running at all they can avoid that.

The issue is very complex: obviously as long as the courts keep ruling that vd Garde should drive, then Sauber cannot leave the pits at all because that would breach an other contract. However, they can only miss out on 3 races, because after that they forfeit their price money.

[WaikeCU]

What about putting VDG in the car during FP1, then fire him based on his performance of that specific session? Then Sauber still have Nasr and Ericsson at use?