Dec 13, 2021 3 min read

Tense Formula 1 finale headed for legal action, Mercedes lodge intention to appeal

The high-profile finish to the Formula 1 season is heading to the courts after a dramatic day that saw two separate protests from Mercedes thrown out and then an intention to appeal lodged after their driver Lewis Hamilton was denied the chance to win the season's championship.

Hamilton was leading the season finale race in Abu Dhabi, from his primary challenger Max Verstappen of Red Bull Racing Honda, when a late crash caused the safety car to be deployed and race control allowed vehicles between Hamilton and Verstappen to 'unlap' themselves. The incident allowed the Dutchman to overtake Hamilton on the last lap to win the race and ensure his place on top of the standings.

An aggrieved Mercedes team, who lost the constructor's championship, lodged two formal protests under the 2021 FIA Formula One Sporting Regulations ('F1 Rules') alleging the following Articles were not complied with through the conduct of the race:

Article 48.12 and;
Article 48.8 of the F1 Rules.

In a brief written decision, the Stewards Panel who heard the protests said that whilst the protests were admissible to be heard by the Panel under F1 Rules, they determined that both protests were dismissed.

Related to the protest under Article 48.12, Mercedes claimed that Hamilton would have won the race if the Article was followed correctly. However, the Stewards referred to Article 15.3 of the F1 Rules, which gives the Race Director significant discretion to control the use of the safety car.

Whilst the Stewards did admit "although Article 48.12 may not have been applied fully, ... Article 48.13 overrides that..." They decided the combined forces of Article 15.3 and 48.13 when applied against events that played out on the track meant the Stewards could not grant the relief sorted by Mercedes.

"That notwithstanding Mercedes' request that the Stewards remediate the matter by amending the classification to reflect the positions at the end of the penultimate lap, this is a step that the Stewards believe is effectively shortening the race retrospectively, and hence not appropriate," they said in dismissing the protest.

In the second protest, the Stewards believed what occurred was a justifiable racing incident and there was no breach of Article 48.8.

After learning of the decisions, Mercedes announced their intention to appeal the Stewards decision, as they are permitted to do under Article 15 of the FIA International Sporting Code and Article 10 of the FIA Judicial and Disciplinary Rules.

Under Article 9.1 of the Judicial and Disciplinary Rules, this type of appeal will be heard by the FIA International Court of Appeal ('ICA'). The Rules also allow the matter to be set for determination by ICA arbitration procedure with the parties' agreement.

Although the ICA is the final decider within international motorsport, it is not impossible for the unsuccessful party before the FIA to take further legal action outside the Motor Sport governing body's jurisdiction.

There will be questions about the likely success of any Mercedes appeal due to the 'game rule' or 'field of play' doctrine previously adopted by the Court of Arbitration for Sport in decisions within their jurisdiction. The arbitrator has consistently said they would not intervene in overturning field of play decisions unless there is evidence of corruption, bias or bad faith by the decision-maker. This will be especially relevant considering the Stewards Panel, who have technical expertise in the F1 rules, decided to dismiss the Mercedes protest based on those applicable Rules.

Assuming an appeal is formally lodged, the next step is that parties will be provided with a timetable for written pleadings before a hearing takes place.

FIA Decision- Mercedes Protest Art 48.12

FIA Decision- Mercedes Protest Art 48.8

2021 FIA Formula One Sporting Regulations

FIA International Sporting Code

FIA Judicial and Disciplinary Rules