ARBITRAL AWARD
ARBITRAL AWARD
(BAT 1203/18)
by the
BASKETBALL ARBITRAL TRIBUNAL (BAT)
Xx. Xxxxxxx Xxxxxx
in the arbitration proceedings between
Mr. Xxxxx Xxxxxx,
- Claimant 1 -
Xx. Xxxxxxx Xxxx Xxxxxxxxx,
- Claimant 2 -
both represented by Xx. Xxxxxxxx Xxxxxxx, attorney at law, Via S.C. Allessandrina n. 9,
84125 Salerno, Italy
vs.
Trabzonspor Basketball Kulübü Dernegi
Xxxxxx Xxx Yilmaz Tesisleri Xxxxx Suat, Xxxxxxxx Xxx. Havalimani Alti, 61830 Trabzon, Turkey
- Respondent -
AWARD
Upon providing all parties with an opportunity to be heard, having examined 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.
Trabzonspor Basketball Kulübü Dernegi shall pay Mr. Xxxxx Xxxxxx USD 67,200.00 net as unpaid salary and outstanding bonus payments, plus interest at 5% per annum on USD 17,000.00 from 16 March 2018, on
USD 17,000.00 from 16 April 2018, on USD 17,000.00 from 16 May 2018 and
on USD 16,200.00 from 18 April 2018, all until payment.
2.
Trabzonspor Basketball Kulübü Dernegi shall pay Xx. Xxxxxxx Xxxx Xxxxxxxxx USD 18,000.00 net as outstanding agent fee, plus interest of 5%
per annum from 16 September 2017 until payment.
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 3,150,00 shall be borne by Trabzonspor Basketball Kulübü Dernegi alone. Trabzonspor Basketball Kulübü Dernegi shall pay EUR 3,150.00 jointly to Mr. Xxxxx Xxxxxx and Xx. Xxxxxxx Xxxx Xxxxxxxxx. The balance of the Advance on Costs, in the amount of EUR 2,825,00 will be reimbursed jointly to Mr. Xxxxx Xxxxxx and Xx. Xxxxxxx Xxxx Xxxxxxxxx by the BAT.
4. Trabzonspor Basketball Kulübü Dernegi shall pay jointly to Mr. Xxxxx Xxxxxx and Xx. Xxxxxxx Xxxx Xxxxxxxxx EUR 7,500.00 as a contribution to their legal fees and expenses.
5. Any arbitration costs associated with a Request for Reasons (see attached Notice) shall be advanced and borne by the requesting party.
6. Any other or further-reaching requests for relief are dismissed.
Geneva, seat of the arbitration, 28 December 2018
Xxxxxxx Xxxxxx (Arbitrator)
Notice about Request for Reasons
in accordance with Articles 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 100,000, the Arbitrator shall issue an award without reasons, provided, however, that the Arbitrator shall deliver reasons 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.”
The Parties are herewith informed that the amount to be paid as an advance on costs for a reasoned award in this case has been set by the BAT Secretariat to EUR 5,000.00. The time limit for payment thereof will be set by the BAT Secretariat upon receipt of the Request for Reasons, if any.