0133 U1St Sports v. CB Granada

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FIBA Arbitral Tribunal (FAT)

ARBITRAL AWARD

(0133/10 FAT)

by the

FIBA ARBITRAL TRIBUNAL (FAT)

Mr. Klaus Reichert SC

in the arbitration proceedings between

U1st Sports Overseas Ltd, 31 Donnybrook Castle, Donnybrook, Dublin, Ireland

represented by Mr. Guillermo López Arana and Mr. Mikel Abete Vecino, C/ Maestro Ripoll 9, 28006 Madrid, Spain

-Claimant

vs. Club Baloncesto Granada SAD, Pabellón Avenida Salvado Allende s/n Granada, Spain -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. Club Baloncesto Granada SAD shall pay U1st Sports Overseas Ltd. USD 9,000.00 due under the Agreement dated 21 July 2009 in respect of agency fees plus interest at a rate of 5% per annum starting from 16 September 2009. 
  2. The costs of this arbitration until the present Award, which were determined by the President of the FAT in the amount of EUR 1,520.00, shall be borne by Club Baloncesto Granada SAD. The balance of the Advance on Costs, in the amount of EUR 1,975.00, will be reimbursed to U1st Sports Overseas Ltd. by the FAT. 
  3. Club Baloncesto Granada SAD shall pay to U1st Sports Overseas Ltd. an amount of EUR 3,530.00 as a contribution to its legal fees 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, 17 March 2011

Klaus Reichert 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 12 November 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.