The F1 driver transfer discussion/speculation archiveFormula 1 

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prisonermonkeys
It seems pretty clear that he blindsided them, so I have to wonder what else might have happened.
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Why see the evil? Confidentiality is not an unusual part of a mediation process.

As for drivers not revealing their signed contracts at the minute...
 
I'm only assuming Sauber did kept their drivers in the dark about an arbitration they instigated along with VDG.
 
They didn't instigate it. Van der Garde did. The responsibility to inform all affected parties rested with him.
 
VDG initiated the procedure, but no arbitration would have happened without Sauber's acceptance to enter the process.

Arbitration is a well marked procedure that give conflicting parties the ability to express and argue their respective position in a dispute. It is understood that the volunteering parties will accept and comply to the conclusions of the arbiters they agree upon.

For some reasons Sauber failed to convince the swiss reviewing panel that the controversial agreement was void, as the emitted award suggests that VDG is in his right to claim a racing seat for 2015.

What the immediate aftermath is from here we don’t know. I don’t expect VDG ending in the car (although crazy things happen in F1 for sure). At best, I see him potentially collecting another piece that confirms a breach of contract from Sauber’s part.
 
So, is he running for the full season? or just the Australian Grand Prix?
 
So Sauber is screwed.

Who will give up his seat, Nasr or Ericsson?
 
There's only one solution...

A three car team. :sly:








But in all seriousness, this stinks. I hope for some sort of out of court settlement to follow.

Hope. A useless word.
 
He had all winter to make his appeal, but instead Giedo waited until the last minute; potentially screwing whoever he replaces for the rest of the season, while giving himself the perfect excuse of 'I had no testing' when he continuosly fails to perform throughout the year. He's lost all my respect.
 
ok he won, fair enough he was wronged.

But if he doesn't take a settlement then he is a complete Idiot.
 
Screenshot_2015-03-11-03-09-07.png
 
As mentioned about the seat fitting, they have to fit him for Malaysia. Let him watch this weekend, then put him in. The team need results instead of trying work the car to suit him.
 
Even if he performs, something I highly doubt, no team will want him after this. I'm sure about that.
 
Geez for having a Lawyer in control of the team and have this happen.

Monisha doesn't appear to be a good one at that.
 
What an arrogant little so-and-so, the kind of adjective that will be blocked by the swear filter.

Also, I don't see how the Australian courts can rule on the remaining nineteen races, since a) they're in a different jurisdiction and b) the ruling implies that Sauber cannot activate any exit clauses if van der Garde fails to meet his obligations.
 
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prisonermonkeys
What an arrogant little so-and-so, the kind of adjective that will be blocked by the swear filter.

Also, I don't see how the Australian courts can rule on the remaining nineteen races, since a) they're in a different jurisdiction and b) the ruling implies that Sauber cannot activate any exit clauses if van der Garde fails to meet his obligations.
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Just to make this clear, if you gave money to a team for a race drive and then they sign other drivers and keep the Money that would of got you the drive, you wouldn't fight for it as that would be arrogant?

TBH if a team done that to me I would personally feel vindicated doing what he is doing.
 
Only if the team were unable to refund the money upon request.

Anyway, the court has agreed to hear an appeal, with the hearing to take place at 9:30am tomorrow. Which is a little unusual because under the Australian legal system, the court has to agree that there are grounds for appeal in order for the appeal to take place. That makes me wonder what Sauber were holding back in the initial case - I am guessing that they will argue that if van der Garde keeps the seat, then they will be forced to let go of Ericsson or Nasr, and if they do that, then they won't be able to complete the season because it would be too expensive. It's not the kind of thing that Sauber would want to air publicly unless they absolutely had to.
 
mustafur
Just to make this clear, if you gave money to a team for a race drive and then they sign other drivers and keep the Money that would of got you the drive, you wouldn't fight for it as that would be arrogant?
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Yes, but did VdG give them any money or simply a promise of some?

As @prisonermonkeys says there's an added complication in that the court can only rule within its own jurisdiction - it has no jurisdiction in the territories of the other races. VdG has said he intends to fight in each country, I suspect that's exactly what he's going to have to do.

GTPorsche
Where has the FIA been on this matter? Shouldn't they have a say in this?
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In terms of the contract or the running of the team, no. The FIA simply provide the regulatory sporting-and-technical frameworks.

AdamCooperF1 includes this quote;

AdamCooperF1
The judges were intrigued to know how the sport is governed, and were told it was by the FIA. In response to the discussion about safety, the judges made the point that whatever they decided might be irrelevant if the FIA wasn’t happy.

Justice Whelan made a logical suggestion to Garrett: “I don’t really understand why the FIA can’t come along and tell us what the situation is regarding safety.”
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TenEightyOne
Yes, but did VdG give them any money or simply a promise of some?
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If he didn't give them any money, it shouldn't be a problem. If he did, then they should only have to repay it. My guess is that they didn't write their exit clauses properly, and so this was also not an option.

As @prisonermonkeys says there's an added complication in that the court can only rule within its own jurisdiction - it has no jurisdiction in the territories of the other races. VdG has said he intends to fight in each country, I suspect that's exactly what he's going to have to do.
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I wonder if Sauber will try to find a settlement by way of the Court of Appeals. They should be able to argue that they should be free to choose the two drivers who they feel best represent the team, and the parameters that they use to make that judgement. If they genuinely have no intention or desire to put van der Garde in the car, then they should be able to cancel the contract with an appropriate form of compensation. Maybe that's what the appeal will focus on.

In terms of the contract or the running of the team, no. The FIA simply provide the regulatory sporting-and-technical frameworks.
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Actually, the FIA has the Contract Review Board - it's a review body designed for cases just like this. When Jenson Button was caught up in his problems with Williams and BAR, it was the Contract Review Board that sorted it out. As far as I know, they still exist, so if they do, I wonder why they weren't van der Garde's first port of call ...
 
mustafur
Just to make this clear, if you gave money to a team for a race drive and then they sign other drivers and keep the Money that would of got you the drive, you wouldn't fight for it as that would be arrogant?

TBH if a team done that to me I would personally feel vindicated doing what he is doing.
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Yeah i agree with you there,i would fight aswell if i was promised something for what i worked hard to get!!!

But as F1 is also a fan sport,and i am reading great support for him here and there,and in a negative way for the Sauber team,especially for Monisha...who hasnt been very popular anyways!!

Anyways,there are and allways will be people who are positive or negative,so its all up to VDG IF(!) he really gets the seat...

If he performs well,most will forget what happened and cheer him on,if he doesnt he will be reminded about this legal stuff for ever!


Spy.

(ohyeah,i am Dutch,but not biased on this one...)
 
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