IndyCar turbo ruling appealed

INDYCAR, the sanctioning body for the IZOD IndyCar Series, has scheduled a hearing for an appeal filed by General Motors (GM) regarding the use of a 0.74 A/R compressor cover for the single turbocharger.

INDYCAR approved use of the compressor cover on April 18, GM protested INDYCAR's decision, and a panel denied the protest in a hearing on April 28.

The appeal hearing will take place Wednesday, May 9, in Indianapolis. Honda, the only manufacturer utilizing the single turbocharger, has been invited to participate in the hearing.

The proceedings will be closed to the public and media. The appeal decision will be final and binding (Rule 13.11).

In his role as Appeal Official, and pursuant to rule 13.4, INDYCAR President of Operations and Strategy Brian Barnhart has elected to utilize an individual to resolve the appeal. Retired Indiana Supreme Court Justice Theodore R. Boehm will hear the proceedings.

Justice Boehm retired from the Court on Sept. 30, 2010. Justice Boehm brings his substantial and unique experience to bear on matters through mediation, arbitration and private judge services with the Van Winkle – Baten Dispute Resolution group. As a private lawyer, in-house counsel, and managing partner of an Indiana law firm, Justice Boehm has participated in the negotiated settlement of a large number of complex business disputes. He also had extensive experience in negotiating substantial transactions including business acquisitions and dispositions, real estate transactions and a variety of commercial agreements. He served as Chairman and CEO of the organizing committee for the 1987 Pan American Games in Indianapolis, and was the first President and CEO of Indiana Sports Corporation.

13.4. Jurisdiction – The Appeal Official shall have the exclusive jurisdiction to resolve all appeals. Notwithstanding the foregoing, the Appeal Official shall have the right to select an individual or individuals to resolve an appeal with all of the powers and responsibilities of the Appeal Official set forth in this Rule 13. The jurisdiction of the Appeal Official is limited to those matters and issues submitted in the appellant's written appeal. The decision which is the subject of the appeal shall not be stayed pending the appeal unless otherwise determined by the Appeal Official and upon such terms as the Appeal Official deems appropriate.

13.11. Appeal Procedure Final – Decisions of Officials shall be final and binding unless such decisions and penalties may be protestable under the Rules, are protested, and appealed within the time limitations and other procedures prescribed by the Rules, and such protests or appeals are pending.

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