0119 Evtimov vs Athlopedies

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FIBA Arbitral Tribunal (FAT)

ARBITRAL AWARD

(0119/10 FAT)

by the

FIBA ARBITRAL TRIBUNAL (FAT)

Mr. Quentin Byrne-Sutton

in the arbitration proceedings between

Mr. Ilian Evtimov, ______________, France

Represented by Mr. Rafael Alonso Martínez; Caruncho, Tomé & Judel Abogados y Asesores Fiscales, Marcial del Adalid, 17, 1°, 15005 A Coruña, Spain

-Claimant

vs.

AEL Athlopedies LTD, Melford Arena Limassol, George Street Thryrotou 1 3012 Limassol, Cyprus

-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

Upon providing both 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. AEL Athlopedies LTD shall pay Mr. Ilian Evtimov the following amounts as outstanding salary payments due under their Agreement dated 12 October 2009:

  • EUR 9,000.00, plus interest at a rate of 5% per annum starting from 31 March 2010. 
  • EUR 4,500.00, plus interest at a rate of 5% per annum starting from 16 April 2010. 
  • EUR 3,200.00, plus interest at a rate of 5% per annum starting from 24 April 2010. 
  1. The costs of this arbitration until the present Award, as determined by the President of the FAT, shall be borne by AEL Athlopedies LTD. 
  2. AEL Athlopedies LTD shall pay to Mr. Ilian Evtimov an amount of EUR 7,159.00 as a contribution towards his legal fees and expenses. 
  3. Any arbitration costs associated with a Request for Reasons (see attached Notice) shall be advanced and borne by the requesting party. 
  4. Any other or further requests for relief are dismissed. 

Geneva, seat of the arbitration, 30 November 2010

Quentin Byrne-Sutton (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 7 September 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 5,000. The time limit for payment thereof shall be set by the FAT Secretariat upon receipt of the Request for Reasons, if any.