Formula One breathed a sigh of relief in the sunny early Saturday morning at Melbourne when Sauber 's former Dutch driver Giedo van der Garde abandoned his legal action against the team . He had been suing them for dropping him despite having a contract to race for them this season , starting with Sunday 's Australian Grand Prix . Courts in Melbourne found in his favour , saying he had a right to drive . However , he has not got a super-licence , so could not . Giedo van der Garde has decided to drop his case against former side Sauber after settling out of court . Marcus Ericsson ( left ) and Felipe Nasr ( right ) will race for Sauber in the absence of Van der Garde . This brought about an impasse : Sauber would be in contempt of court if they left him out . But they could not put him in according to the FIA rules . Heads we knocked together over Friday night and Van der Garde settled out of court . Van der Garde wrote on Facebook : 'With respect to the interest of motorsport , and F1 in particular , I have decided to give up my legal rights to race this weekend at the Melbourne Grand Prix . 'As I am a passionate race driver this decision has been very difficult for me . 'However I also wish to respect the interest of the FIA , Sauber Motorsport , as well as Nasr and Ericsson . ' Crucially , Van der Garde has made clear further negotiations need to take place , however , before the matter can finally be closed . The 29-year-old added : 'My management will continue talks with Sauber early next week to find a mutually acceptable solution for the current situation that has now arisen . ' I am confident such solution will be found and I will inform the media once done . ' Van der Garde dropped the case against Sauber out of respect to 'motorsport , and F1 in particular ' Marcus Ericssson and Felipe Nasr will race for them in his place . Both were named on Sauber 's race entry and took part in second practice on Friday , having sat out of the first session while the lawyers argued . With three valid driver contracts and only two race seats available , Sauber and Kaltenborn had found themselves mired in controversy . Given Sauber 's financial struggles last year , when approached by two drivers in Ericsson and Nasr who could offer considerable sums of money in sponsorship , both the Swede and Brazilian were signed . But with Van der Garde on contract , and despite also having paid up front - albeit a figure less than that of Ericsson and Nasr - the battle became legal . It remains to be seen what 'mutually acceptable solution ' can now be ironed out between the two parties . Whatever the outcome , under-pressure team principal Monisha Kaltenborn , a trained lawyer , has emerged from the sorry mess in a poor light . Sauber team principal Monisha Kaltenborn insists she will not resign from her role despite the recent saga . At the circuit on Friday , while unable to talk about the case as it remained ongoing , she did insist however she remained competent to carry on with her role as team boss . ' I do n't see it ( the case ) having any effect , ' Kaltenborn said . 'We have a very clear view of what we did . We took action after thinking about it for a while . 'For us that was very clear , but the outcome is different . ' Pressed on whether she had considered resigning , Kaltenborn added : ' I 've not considered that . 'This whole matter does not have any effect on the way we work , the way the team works . ' Kaltenborn did concede , however , the past week had damaged morale given the team 's name had been dragged through the courts . 'It 's had a very negative impact on the team because the situation was , for a while , unclear , ' she added . 'We now have certain actions taken against the team , and we are acting accordingly . '
Giedo van der Garde was forced to sue former side players . they dropped Van der Garde despite having contract to remain . The Dutchman and Sauber have decided to settle out of contract . Under - fire caretaker manager Monisha Kaltenborn insists she will not resign .