Customer car row heads for arbitration

Spyker lodged a protest against the Super Aguri team immediately after qualifying today, claiming that this year's SA07 is last year's Honda Racing RA106.

However, following subsequent discussions with the race stewards, it was decided that the protest could not be accepted.

It is understood the clauses under which the protest were made relate to complaints that should have been lodged within two hours of scrutineering - something that didn't happen because Spyker did not get their first glimpse of Super Aguri's car in time.

The car was only launched on Wednesday afternoon and it is understood it took time for Spyker to analyse detailed photographic evidence of the car to prove their suspicions that it was a customer car.

Moreover, Spyker team boss Colin Kolles claims, the stewards suggested that the matter was really more related to the Concorde Agreement definition of a 'constructor', rather than what the FIA regulations state.

Although Spyker are still reserving the right to lodge a further protest following scrutineering at the Malaysian Grand Prix, the team have confirmed that they are definitely taking the matter to arbitration.

"The situation is that we had a meeting with the stewards, who confirmed to us that this is not a matter for the FIA but a matter for the Concorde Agreement," said Kolles.

"This clarification for us is very important because we had some voices that the FIA should be involved, but I always thought that it wasn't a matter for the FIA but a matter for the Concorde Agreement."

Kolles said that the arbitration action would revolve around Super Aguri, Scuderia Toro Rosso and Red Bull Racing, plus a further complaint about last year's Toro Rosso. This is related to his belief that the STR01 was merely an updated Jaguar car from 2005.

"We will act on this," he said. "On this matter we made a decision to go to arbitration and the lawyers are working on this. And we have a strong case against this."

Kolles said that the only way arbitration action could be avoided was for Super Aguri and Toro Rosso to accept a compromise deal of either agreeing to not score constructors' championship points, or pooling their television rights money.

"(We want) just that they fully agree with the compromise offered by Bernie," added Kolles. "We have a constructors' championship, and I repeat that: a constructors' championship.

"So you have this defined in the Concorde Agreement. It is in singular and you must manufacture your car. This qualifies you to be a constructor."