Formula 1 Racing and Arbitration: The FIA Tailor-Made System for Fast Track Dispute Resolution
Gabrielle Kaufmann-Kohler, Henry Peter · Arbitration International · 2001
SINCE ITS inception in 1950, Formula 1 has been described as the premier world motor-sport series; and it is now probably the most popular annual sporting event in the world. It is currently broadcast in more than 130 countries, with an audience of about five billion viewers during the 1999 season. Formula 1 is also the most sophisticated motor-racing event in the world. It is highly competitive at many levels: among the drivers, the teams, the constructors and even the advertisers sponsoring the teams. Technologically, Formula 1 is at the leading edge of motor-racing, with constructors and teams investing significant resources in research and development, all of which must be carried out within the strict parameters set by the governing body, the Federation Internationale de l'Automobile (hereinafter the ‘FIA’). At track level, the teams and the drivers nevertheless continue to be the main players. Although it is difficult to tell whether the team or the driver has a greater impact on the final race results, success ultimately depends upon building a winning combination of team and driver. It is therefore essential for a team to secure the services of one of the best drivers and for a driver to find a ‘seat’ with one of the few top teams. This may lead a driver to change teams between racing seasons and occasionally even to sign a contract with another team for the same racing season. In such a highly competitive environment, the importance of each contract between a team and its driver is obvious. All interested parties must be able to establish immediately and with certainty whether such a contract is valid and in force; and in cases of several conflicting contracts, which one should prevail. Until the end of the 1990s, these types of contractual disputes were submitted to …