(Motorsport-Total.com) – The FIA International Court of Appeal (ICA) has rejected and sharply condemned the accusations made by Alpine’s executive advisor Flavio Briatore against one of the four appointed judges. Briatore had accused Judge Filippo Marchino of having “a close connection to McLaren” and thus being biased, in addition to an aggressive demeanor.
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The court had decided to reinstate the time penalties from Monaco against Alpine driver Pierre Gasly, costing the Frenchman a podium.
However, the ICA firmly rejects the accusations: “The FIA courts wish to clarify that the appointment and participation of the judges in this case – as in any other case – were carried out in accordance with the applicable procedural rules and the usual practice of the FIA, which adheres to 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 on the proposal of a group of at least five Formula 1 teams according to the FIA statutes,” it emphasizes.
“They are all subject to the independence and confidentiality requirements of the FIA judicial and disciplinary code, disclose their interests annually to the FIA compliance officer, and sign a specific declaration of independence for each individual case, taking into account the subject matter and the parties involved, which is sent to the parties.”
The court particularly emphasizes that Alpine had the opportunity to raise concerns during the ongoing proceedings – but did not take advantage of it: “At both the beginning and the end of the hearing, the parties were invited to raise any objections regarding the procedure or the composition of the court. No one did so.”
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No objections were raised during the hearing regarding the manner in which the court questioned the witnesses or conducted the proceedings.
Furthermore, the ICA underlines 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.”
That judgments are discussed is considered normal. However, full support is expressed for the individuals involved: “A court’s decision may leave room for different interpretations and comments regarding its legal reasoning; this is fair and accepted by all judges.”
“The court is convinced of the correctness of the procedure and the integrity of the judges. The FIA courts remain steadfastly committed to the independence and impartiality of their judges as well as to the integrity of the judicial process.”
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