ARBITRAL AWARD

ARBITRAL AWARD

(BAT 0420/13)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Xx. Xxx Xxxxxx

in the arbitration proceedings between

Mr. Xxxx Xxxxxxx

- Claimant -

represented by Xx. Xxxxxxxx X. XxXxxx, attorney at law, 0 Xxxxxxxx Xx., Xxxxxxxx, XX 00000, XXX

vs.

A.S. Junior Pallacanestro Xxxxxx Monferrato, aka Novipiù Xxxxxx Monferrato

Xxx Xxxxxxxxx 00, 00000 Xxxxxx Xxxxxxxxxx, Xxxxx

- Respondent -

represented by Xx. Xxxxxxxxx Xxxxx, CEO, and by Mr. Xxxxx Xxxxxxxx, attorney at law

AWARD

Upon providing both parties with an opportunity to be heard, having ascertained his jurisdiction and considered the factual and legal arguments as well as the requests for relief submitted in this case, the Arbitrator decides as follows:

1. A.S. Junior Pallacanestro Xxxxxx Monferrato, aka Novipiù Xxxxxx Monferrato, is ordered to pay Mr. Xxxx Xxxxxxx compensation for unpaid salary payments in the amount of USD 12,000.00 plus interest at 5% per annum on said amount from 13 August 2013 until the date that payment is made.

2. A.S. Junior Pallacanestro Xxxxxx Monferrato, aka Novipiù Xxxxxx Monferrato, is ordered to pay Mr. Xxxx Xxxxxxx the amount of EUR 1,488.00 and also the amount of USD 1,500.00 as a contribution towards his legal fees and expenses.

3. The costs of this arbitration until the present Award, which were determined by the President of the BAT to be in the amount of EUR 3,988.00, shall be borne by A.S. Junior Pallacanestro Xxxxxx Monferrato, aka Novipiù Xxxxxx Monferrato, alone. Accordingly, A.S. Junior Pallacanestro Xxxxxx Monferrato, aka Novipiù Xxxxxx Monferrato, shall pay Mr. Xxxx Xxxxxxx EUR 1,988.00.

4. Any arbitration costs associated with a Request for Reasons (see attached Notice) shall be advanced and borne by the requesting party.

5. Any other or further-reaching requests for relief are dismissed.

Geneva, seat of the arbitration, 13 November 2013

Xxx Xxxxxx (Arbitrator)

Notice about Request for Reasons

in accordance with Article 16.2 of the BAT Rules:

“By agreeing to submit their dispute to arbitration under these Rules, the Parties agree that, where the value of the dispute does not exceed EUR 30,000, the Arbitrator will issue an award without reasons. The Arbitrator shall deliver reasons only in the case where a party

a) files a request to that effect at any stage from when the Request for Arbitration is filed until no later than ten (10) days after the notification of the award without reasons; and

b) pays the respective advance on costs as determined and within the time limit set by the BAT Secretariat.”

On 1 August 2013 the BAT Secretariat informed the Parties that the amount of the advance on costs to be paid for a reasoned award in this case is EUR 5,000. The time limit for payment thereof shall be set by the BAT Secretariat upon receipt of the Request for Reasons, if any.