The Court of Arbitration for Sport (CAS) has rejected Valentino Rossi's request to have his Sepang penalty suspended until after this weekend's Valencia title showdown.
The Italian, who holds a seven-point advantage over team-mate Jorge Lorenzo, will thus start Sunday's race from the back of the grid.
Rossi was handed three penalty points for causing a clash that sent Marc Marquez down and out of the Malaysian race. Having already received one penalty point at Misano, Rossi thus reached the four-point trigger for a back of the grid start.
After an initial appeal to the FIM was rejected Rossi then turned to the CAS, seeking both a reduction/annulment of the penalty and for the present sanction to be suspended until the CAS reaches its final judgement (which could take months).
The CAS decision on a “stay the execution” was duly delivered on Thursday at Valencia:
"The Court of Arbitration for Sport (CAS) has dismissed Valentino Rossi's request to stay the execution of the decision issued by the FIM Stewards on 25 October 2015.
"Accordingly, the decision of the FIM Stewards to impose 3 penalty points on Valentino Rossi's record following an incident with Marc Marquez during the Shell Malaysia Motorcycle Grand Prix race held on 25 October 2015 stands and Valentino Rossi will commence the next (and last) event of the season, to be held in Valencia/Spain on 6-8 November 2015, from the last grid position.
"After the race in Malaysia, the FIM Race Direction found that Valentino Rossi had deliberately run
wide in order to force Marc Marquez off line, resulting in contact causing Marquez to crash out of the
race. For this breach of the FIM regulations, the FIM Race Direction imposed 3 penalty points on the
rider's record, a sanction confirmed later by the FIM Stewards. Since Valentino Rossi already has 1
penalty point from an earlier incident this year, this decision brings him to a total of 4 penalty points.
On the basis of the FIM Regulations, a rider with 4 penalty points must start the next race from last
"This request for a stay was filed at CAS on 29 October 2015 by Valentino Rossi together with his
appeal to have the FIM Steward's decision regarding the 3 point penalty annulled or at least reduced.
The CAS Arbitrator, appointed by mutual agreement of the parties (Prof. Ulrich Haas/Germany), heard
the representatives of Mr Rossi and FIM yesterday at the CAS office in Lausanne in order to rule
exclusively on the urgent request for a stay to determine whether or not Valentino Rossi should start
from last grid position in Valencia. The CAS Arbitrator found that the conditions to grant the stay were
not met, which means that the sanction imposed by FIM will have to be served at the next Grand Prix
"On 2 November 2015, Jorge Lorenzo filed a Request for Intervention in order to be able to participate
in this CAS arbitration but such request was denied. However, the CAS Arbitrator, after consultation
with the parties, allowed the filing of a written statement by counsel for Jorge Lorenzo.
"The arbitration procedure is still in progress and a final decision on the merits will be rendered at a