DECEMBER 3, 2002

Arrows confirms protest - but to whom?

Arrows has formally confirmed that it intends to appeal against the FIA's decision not to grant it an entry in the 2003 Formula 1 World Championship.

"Arrows is very surprised at being omitted from the list of entrants for the 2003 FIA Formula 1 World Championship published yesterday," the statement said. "Arrows confirms that it has served notice to the FIA of its intention to appeal to the appropriate body for a hearing to resolve this issue. Arrows remains committed to securing the future of the team."

The statement is curious in that Arrows is very vague on the subject of what "the appropriate body" is. There does not appear to be any regulation which would refer the case to the Formula 1 Commission. Under the Concorde Agreement there is an arbitration process, which Arrows might claim to still have a right to use. This is overseen by the International Chamber of Commerce in Lausanne. This is a very lengthy and expensive process and a rejection of Arrows's arguments would be the end of the issue as signatories of the Concorde Agreement agree to abide by ICC decisions and not take other legal action.

In sporting terms the only possible appeal would be the FIA's Court of Appeal. There is a precedent back in 1992 when the FIA announced that Andrea Moda Formula had excluded from the Formula 1 World Championship for bringing the sport into disrepute. The team was turned away from the paddock at the Italian GP. The decision was appealed but the FIA Court of Appeal upheld the decision and Andrea Moda Formula disappeared.