ARBITRAL AWARD

ARBITRAL AWARD

(BAT 0916/16)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Xx. Xxx Xxxxxx

in the arbitration proceedings between

Xx. Xxxxx Xxx Xxxxx Xx.

- Claimant -

represented by Xx. Xxxxxxxx Xxxxx, attorney at law Xxx Xxxxxxxxx xx. 18, 97100 Ragusa, Italy

vs.

Basket Juvecaserta s.r.l.

Palamaggiò, via Sannitica, Xxxxx delle Noci, 81020 Castel Xxxxxxx XX, Italy

- Respondent -

represented by Xx. Xxxxxxxx Xxxxxx, attorney at law Corso Trieste no. 149, 81100 Xxxxxxx XX, Italy

AWARD

Upon providing all 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. Basket Juvecaserta s.r.l is ordered to pay Xx. Xxxxx Xxx Xxxxx Xx. USD 80,000.00 in respect of unpaid salary and compensation due under the contract between the parties dated 17 May 2016 together with interest at 5% per annum from 5 July 2016 until payment.

2. Basket Juvecaserta s.r.l is ordered to pay Xx. Xxxxx Xxx Xxxxx Xx. EUR 4,500.00 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 3,815.00, shall be borne by Basket Juvecaserta s.r.l alone. Accordingly, Basket Juvecaserta

s.r.l is ordered to pay EUR 3,815.00 to Xx. Xxxxx Xxx Xxxxx Xx. The balance of the Advance on Costs, in the amount of EUR 1,685.00, will be reimbursed to Xx. Xxxxx Xxx Xxxxx Xx.

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, 14 June 2017

Xxx Xxxxxx (Arbitrator)

Notice about Request for Reasons

in accordance with Articles 16.2.1 and 16.2.2 of the BAT Rules:

“16.2.1 By agreeing to submit their dispute to arbitration under these Rules, the Parties agree that,

a) where the value of the dispute does not exceed EUR 30,000, the Arbitrator will issue an award without reasons.

b) where the value of the dispute is between EUR 30,001 and EUR 200,000, and a Respondent fails to pay its share of an advance on costs, upon request by a Claimant the Arbitrator may decide to issue an award without reasons and reduce the advance on costs in accordance with Article 9.3.1 above.

16.2.2 If Article 16.2.1(a) applies or if the Arbitrator decides to issue an award without reasons in accordance with Article 16.2.1(b), the Arbitrator shall deliver reasons only if 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 26 January 2017, 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 5,500.00. The time limit for payment thereof shall be set by the BAT Secretariat upon receipt of the Request for Reasons, if any.