0096 Olsta v. Timisoara

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FIBA Arbitral Tribunal (FAT)
ARBITRAL AWARD (0096/10) by the FIBA ARBITRAL TRIBUNAL (FAT)Mr. Ulrich Haas in the arbitration proceedings between
Olsta d.o.o., Zvecanska 60, 11000 Belgrade, Serbia represented by Mr Goran Ristanovic, Olsta d.o.o., Zvecanska 60, 11000 Belgrade, Serbia -Claimant
vs.
BCM “Elba” Timisoara Clubul Sportiv Elba, Str. Garii Nr. 1, Jud Timis 300166 Timisoara, Romania -Respondent –

Av. Louis Casaï 53 Tel: (+41-22) 545 0000

P.O. Box 110 Fax: (+41-22) 545 0099

1216 Cointrin / Geneva info@fiba.com Switzerland www.fiba.com

FIBA Arbitral Tribunal (FAT)

AWARD

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. BCM “Elba” Timisoara Clubul Sportiv Elba shall pay to Olsta d.o.o. an amount of EUR 3,900.00 for outstanding agent fees, plus interest at a rate of 5% per annum starting from:

  • 30 November 2008 on the amount of EUR 1,950.00 
  • 30 March 2009 on the amount of EUR 1,950.00 
  1. The costs of this arbitration until the present Award, as determined by the President of the FAT, shall be borne by BCM “Elba” Timisoara Clubul Sportiv Elba. 
  2. Any arbitration costs associated with a Request for Reasons (see attached Notice) shall be advanced and borne by the requesting party. 
  3. BCM “Elba” Timisoara Clubul Sportiv Elba shall pay to Olsta d.o.o. an amount of EUR 1,500.00 as a contribution to its legal fees and expenses. 
  4. Any other or further requests for relief are dismissed. 

Geneva, seat of the arbitration, 16 September 2010

Ulrich Haas (Arbitrator)

FIBA Arbitral Tribunal (FAT)

Notice about Request for Reasons

in accordance with Article 16.2 of the FAT 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

afiles 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

bpays the respective advance on costs as determined and within the time limit set by the FAT Secretariat.”

On 18 June 2010 the FAT Secretariat informed the Parties that the amount of the advance on costs to be paid for a reasoned award in this case is EUR 4,000. The time limit for payment thereof shall be set by the FAT Secretariat upon receipt of the Request for Reasons, if any.