The Court of Appeal firmly rejects the claim, made by Flavio Briatore, that one of the appointed judges was biased
The FIA International Court of Appeal (ICA) has rejected and strongly condemned the allegations made by Alpine’s executive advisor, Flavio Briatore, against one of the four appointed judges. Briatore had accused Judge Filippo Marchino not only of aggressive behavior but also of having “close ties to McLaren” and thus of being biased.
The court had ruled to reinstate the time penalties imposed on Alpine driver Pierre Gasly in Monaco, costing the Frenchman a podium finish.
However, the ICA firmly rejects the allegations: “The FIA courts wish to clarify that the appointment and participation of the judges in this case—as in any other case—were conducted in accordance with the applicable rules of procedure and the FIA’s standard practice, which are guided by the highest standards, such as the IBA Guidelines on Conflicts of Interest in International Arbitration.”
“All judges are elected by the FIA General Assemblies, some of them upon the recommendation of a group of at least five Formula 1 teams, in accordance with the FIA Statutes,” the organization emphasizes.
“They are all subject to the independence and confidentiality requirements of the FIA’s Judicial and Disciplinary Code, disclose their interests annually to the FIA’s Compliance Officer, and sign a specific declaration of independence for each individual case—taking into account the subject matter of the dispute and the parties involved—which is served on the parties.”
The tribunal particularly emphasizes that Alpine had the opportunity to raise concerns during the ongoing proceedings—but failed to do so: “Both at the beginning and at the conclusion of the hearing, the parties were invited to raise any objections regarding the proceedings or the composition of the tribunal. No one did so.”
Nor were any objections raised during the hearing regarding the manner in which the court questioned the witnesses or conducted the proceedings.
Furthermore, the ICA emphasizes the importance of internationally composed panels, as this helps ensure “that the deliberations and discussions reflect a diversity of legal traditions, perspectives, and approaches, which further strengthens the fairness, independence, and credibility of the proceedings as well as the right to a fair trial.”
It is considered normal for judgments to be discussed. However, the organization stands fully behind the individuals involved: “A court’s decision may leave room for differing interpretations and commentary regarding its legal reasoning; this is fair and is accepted by all judges.”
“The court is convinced of the correctness of the proceedings and the integrity of the judges. The FIA courts remain unwaveringly committed to the independence and impartiality of their judges, as well as to the integrity of the judicial process.”
