ARBITRAL AWARD
ARBITRAL AWARD
(BAT 0567/14)
by the
BASKETBALL ARBITRAL TRIBUNAL (BAT)
Xx. Xxxxxx Xxxxxxx
in the arbitration proceedings between
Mr. Xxxxx Xxxxxxxxxx
- Claimant -
represented by Xx. Xxxxxxxx Xxxxxxx, attorney at law,
Via S.C. Alessandrina n. 9, 84125 Salerno, Italy
vs.
Basket Juvecaserta s.r.l.
PalaMaggiò, Via Sannitica – loc. Xxxxx delle Noci, 00000 Xxxxxx Xxxxxxx XX, Xxxxx
- Respondent -
represented by Xx. Xxxxxxxx Xxxxxx, attorney at law, Corso Trieste 000, Xxxxxxx (XX) 00000, Xxxxx
AWARD
Upon providing both parties with an opportunity to be heard, having ascertained her 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. Basket Juvecaserta s.r.l. is ordered to pay to Mr. Xxxxx Xxxxxxxxxx EUR 7,000.00 net together with interest of 5% per annum as from 31 October 2013.
2. Basket Juvecaserta s.r.l. is ordered to pay to Mr. Xxxxx Xxxxxxxxxx EUR 4,000.00 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 4,260.00, shall be borne by Basket Juvecaserta s.r.l. alone. The balance of the Advance on Costs, in the amount of EUR 740.00, will be reimbursed to Mr. Xxxxx Xxxxxxxxxx by the BAT. Accordingly, Basket Juvecaserta s.r.l. shall pay to Mr. Xxxxx Xxxxxxxxxx EUR 1,760.00.
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, 17 September 2014
Xxxxxx Xxxxxxx (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 24 June 2014 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.