Legal challenges FIA has faced and faces under Ben Sulayem

Formula 1's governing body has been transformed, and along the way, there were and still are legal challenges that could impact the sport massively, which the FIA, led by Ben Sulayem, has had to deal with in one way or another.

Apart from a bloated and bureaucratic FIA, which Ben Sulayem inherited from Todt - Jens Nygaard vs. FIA - the first major known legal issue the Emirati had to deal with was on his predecessor's desk for a long time before the new President settled the issue, paying for it to go away.

This appears to be the FIA trend, as you will read below, Hitech Grand Prix were also paid off to go quiet on taking their case to court after the FIA denied them becoming Formula 1's 11th team, which went to the General Motors-backed Cadillac bid.

But, a couple of explosive cases in store for the FIA still need resolution in months to come, namely Felipe Massa's campaign to be compensated for losing the 2008 Formula 1 title to Lewis Hamilton. The Brazilian is claiming that the Flavio Briatore-instigated 'Crashgate' scandal cost him being World Champion that year. And that, of course, meant a lot less wealth and status for the Brazilian.

Also in limbo for now, it appears, is Susie Wolff's criminal complaint in a French court, which is reportedly in the preliminary investigative stage. Below are the cases that the FIA has dealt with and is currently dealing with.

Jurisdiction: United States (U.S. District Court, Western District of Texas)
Year Initiated: 2020 (concluded in 2022)
Status: Concluded (Settled out of court in late 2022)

This case arose from a patent infringement claim regarding Formula 1's “Halo” safety device, a cockpit protection bar introduced in 2018. Jens H. S. Nygaard, an inventor who held a U.S. patent related to the Halo design, sued the FIA and Formula 1 in March 2020, alleging they had infringed his patent by implementing the Halo without compensation.

The lawsuit was filed in a Texas federal court and posed a significant legal and financial risk to the FIA. After Mohammed Ben Sulayem became FIA president in late 2021, resolving this litigation became a priority.

The dispute was ultimately settled out of court in 2022, before reaching trial. Terms of the settlement were not publicly disclosed, but the resolution allowed the FIA to secure the rights to the Halo device going forward.

Ben Sulayem later confirmed that the matter had been “cleared” and that the Halo was thereafter patented to the FIA, safeguarding the federation’s future use of the safety technology. This settlement ended the patent infringement case and avoided a potentially costly trial for the FIA.

Jurisdiction: International Arbitration (confidential proceeding)
Year Initiated: 2023
Status: Concluded (Settled via arbitration in 2024)

In 2023, Hitech Grand Prix – a Formula 2 team aspiring to join the Formula 1 grid – took legal action against the FIA after its bid for a new F1 team entry was rejected. The FIA had opened a tender for new teams, and while the Andretti Cadillac bid was approved to proceed, Hitech’s entry was denied on commercial grounds.

Hitech argued that the FIA had acted unfairly and beyond its remit, claiming the rejection was based on financial factors that should have fallen under Formula One Management’s domain. Believing their project was as strong as Andretti’s, Hitech initiated a legal challenge through a confidential arbitration process. Reports indicate Hitech prevailed in the first phase of arbitration, with the FIA ordered to cover Hitech’s legal costs.

A second phase was set to determine damages. Facing the prospect of further reputational damage, the FIA moved to settle the case with a financial agreement, reportedly agreeing to pay a substantial sum to Hitech in 2024.

This confidential settlement ended the arbitration without public court proceedings, and the matter was closed. The FIA’s decision to settle ensured the dispute did not further derail its team selection process.

Jurisdiction: England and Wales High Court (King’s Bench Division)
Year Initiated: 2024 (filed March 2024)
Status: Ongoing (pre-trial; hearing slated for late 2024, subject to strike-out application)

In 2023, Felipe Massa announced legal action over the outcome of the 2008 Formula 1 World Championship, which he lost by one point. He cited new comments from Bernie Ecclestone about the “Crashgate” scandal at the 2008 Singapore Grand Prix.

In March 2024, Massa filed a lawsuit in the London High Court against the FIA, Formula One Management (FOM), and Ecclestone. He claims the FIA failed in its duty by not investigating Renault’s deliberate crash at the time, an act that likely cost him the championship.

Massa argues that had the race been annulled or investigated promptly, he would have been declared world champion. He is seeking declarations that the FIA breached its sporting regulations and demanding significant compensation for lost bonuses and career earnings, estimated at around £64-million ($84-million).

The claim is framed as a breach of duty and contract. A trial date has been tentatively scheduled for October 2024, but the FIA and co-defendants have submitted a strike-out application, arguing that sporting results cannot be retroactively changed.

The first hearings are scheduled to take place on October 28-31, 2025 at the High Court in London, UK. The case has drawn global attention due to its potential implications for historical sporting outcomes.

Jurisdiction: France (Criminal complaint in French court)
Year Initiated: 2024
Status: Ongoing (criminal investigation pending)

Susie Wolff, managing director of the F1 Academy, filed a criminal complaint against the FIA in March 2024. This followed a brief but damaging investigation by the FIA’s compliance department in December 2023 into an alleged conflict of interest between Susie and her husband, Toto Wolff, Mercedes F1 team principal.

The FIA’s ethics probe was sparked by anonymous tips and media speculation suggesting improper sharing of confidential information. The inquiry was dropped within two days after all F1 teams publicly stated they had not made any complaints, and the FIA acknowledged there was no evidence of misconduct.

Despite the swift closure, Susie Wolff said the mere act of launching the investigation had harmed her reputation, particularly as a prominent female leader in motorsport. Her criminal complaint, filed in France where the FIA is based, is believed to focus on defamation and reputational damage.

She also criticised what she described as misogynistic undertones in how the matter was handled. The filing triggered a formal criminal investigation by French authorities.

As of May 2025, no hearing has been held, and the matter remains in the preliminary investigative stage. If charges proceed, it could become a landmark case for accountability and gender equity in motorsport governance.

The FIA’s legal infrastructure spans globally, with over 600 professionals engaged through its Law & Compliance Division, working on legal, regulatory, and governance matters across motorsport and mobility sectors.

This network includes industry experts who participate in FIA-hosted conferences and working groups to address evolving compliance issues. Among the key legal figures is Shaila-Ann Rao, who has returned to the FIA as an advisor to Ben Sulayem. Rao previously served as general counsel to the Mercedes Formula 1 team and had a brief tenure as interim FIA Secretary General for Sport in 2022.

In addition, international law firm Katten Muchin Rosenman LLP is represented on the FIA’s Law & Compliance Executive Committee, with several of its partners contributing to the federation’s legal oversight framework.

The FIA’s legal presence also extends into offshore jurisdictions. In the Turks and Caicos Islands, lawyers play a gatekeeping role for the financial services sector, and the FIA maintains a legal need in that region, reflecting its broader governance and fiduciary responsibilities within its global operations.