0102 Belser vs BC Halychyna

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FIBA Arbitral Tribunal (FAT)
ARBITRAL AWARD
(0102/10 FAT) rendered by
FIBA ARBITRAL TRIBUNAL (FAT) Mr. Stephan Netzle in the arbitration proceedings between
Mr. Corey A. Belser _______________________, USA -Claimant
vs.
BC Politekhnika Halychyna 8 Kerchenska Str., 79035, Lviv, Ukraine -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. BC Politekhnika Halychyna is ordered to pay to Mr. Corey A. Belser outstanding salaries in the amount of USD 6,333.33 and to reimburse travel costs in the amount of EUR 262.00.
  2. The costs of this arbitration until the present Award, which were determined by the President of the FAT to be in the amount of EUR 3,500.00, shall be borne as follows: Mr. Corey A. Belser shall bear 75% (EUR 2,625.00) and BC Politekhnika Halychyna shall bear 25% (EUR 875.00) of said costs. Accordingly, Mr. Corey A. Belser shall pay to BC Politekhnika Halychyna EUR 635.00. The balance of the Advance on Costs, in the amount of EUR 490.00, will be reimbursed to BC Politekhnika Halychyna by the FAT.
  3. Each party shall bear its own legal costs and expenses.
  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 requests for relief are dismissed.

Geneva, seat of the arbitration, 6 December 2010

Stephan Netzle (Arbitrator)

Award 2/3 0102/10 FAT

 

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 22 July 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.

Award 3/3 0102/10 FAT