The issue came to a head after Sauber's former test driver Giedo van der Garde took the Formula One team to court in Switzerland. The Dutch driver demanded the team uphold its contract that was to place him in the driver's seat this season before the team hired two other pilots instead.
Sauber lost the initial arbitration and lost a subsequent case brought before the court in Australia, and after appealing the decision, lost that as well. The team failed to make the case that because van der Garde had yet to test drive the new C34 chassis, he was unfit to race it.
That means that the team will be legally required to put him van der Garde the wheel this weekend, and will have to figure out some way of keeping Marcus Ericsson and Felipe Nasr satisfied with only one seat between the two.