FIA's Court of Appeal responds to Flavio Briatore bias…

The International Court of Appeal defended and clarified the appointment of its judges in the Monaco Grand Prix appeal amid allegations by Alpine boss Flavio Briatore that one of the judges had ties to McLaren.

The International Court of Appeal, which runs independently of the FIA, is the highest court judging over motorsport related matters and was called into action when McLaren and Red Bull appealed against the stewards' decision to rescind Alpine driver Pierre Gasly's Monaco Grand Prix penalties.

Gasly was one of several drivers incorrectly penalised in Monaco for pitlane speeding, initially losing his podium before Alpine launched a successful right of review procedure. But as other drivers had already served their penalties, unlike Gasly, they could not get their penalties rescinded, with McLaren and Red Bull launching an appeal.

The ICA agreed with the appellants and reinstated Gasly's penalties, frustrating the Frenchman and his Alpine squad. But the team's top boss Briatore took matters further when he launched an explosive rant during the Italian Grand Prix press conference, questioning the integrity of the panel because one judge was purported to have links with McLaren.

The judge in question, Filippo Marchino, served as CEO of the One Drop Foundation, a charity founded by Cirque du Soleil impresario Guy Laliberte. In that capacity, the charity was once gifted several McLaren road cars by late McLaren shareholder Mansour Ojjeh, for the purpose of raising money for the charity via auction. Briatore also referenced an event by McLaren Special Operations in Beverley Hills in 2018, where Marchino appeared as a speaker, an event unrelated to the F1 team.

The FIA's International Court of Appeal has issued a statement in response to Briatore's explosive allegations, explaining the panel of judges was put together in accordance with its judicial procedures.

"The FIA Courts are aware of public comments questioning the independence and impartiality of the judges of the panel that decided Case ICA-2026-06-07-08-09," the ICA commented, referring to the McLaren and Red Bull appeal.

"The FIA Courts wish to make clear that the appointment and participation of the judges in that case, like for any other case, were conducted in accordance with the applicable FIA judicial procedures and usual practice, which are inspired by the highest standards like the IBA Guidelines on Conflicts of Interest in International Arbitration.

"All judges are elected by the FIA General Assemblies, some of them upon proposition of a group of at least five F1 teams in accordance with the FIA statutes. They are all subject to the independence and confidentiality requirements contained in the FIA Judicial and Disciplinary Rules, make annual disclosures of interests to the FIA compliance officer, and sign a specific declaration of independence for each particular case in consideration of the issue at stake and the parties involved, which is served to the parties."

(Photo by: Sam Bagnall / Sutton Images via Getty Images)

The ICA said there were no objections to the composition of the panel before the appeal hearing started, and explained why it is keen to appoint judges with different backgrounds.

"At both the beginning and conclusion of the hearing, the parties were invited to raise any issue concerning the proceedings or the composition of the court. None did so," the statement continued. "No objection was raised during the hearing concerning the manner in which the court questioned the witness or conducted the proceedings.

"The ICA emphasises the importance of constituting panels with judges from different cultural and geographical backgrounds. This helps ensure that the deliberations and discussions reflect a diversity of legal traditions, perspectives and approaches, further strengthening the fairness, independence, credibility of the process and access to a fair trial."

The ICA added: "A court’s decision can leave room for various interpretations and comments as for its legal merits; that is fair and accepted by all the judges. The court is confident in the soundness of the proceedings and the integrity of the judges. The FIA courts remain committed to the independence and impartiality of their judges and to the integrity of the judicial process."