0135 Dozet v. BC APOEL

FacebookTwitterGoogle+LinkedInEmailShare

FIBA Arbitral Tribunal (FAT)
ARBITRAL AWARD
(0135/10 FAT)
rendered by
FIBA ARBITRAL TRIBUNAL (FAT) Mr. Stephan Netzle in the arbitration proceedings between
Mr. Milan Dozet represented by Mr. Obrad Fimic, Zlota 11/2, 00-019 Warsaw, Poland -Claimant
vs.
Basketball Club APOEL Nicosia Dimofontos 5-7, 1502 Nicosia, Cyprus -Respondent
represented by Mr. Kypros Ioannides, KGMC Advocates, 10 Vassilisis Freiderikis Str., 1066 Nicosia, Cyprus

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. Basketball Club APOEL Nicosia is ordered to pay to Mr. Milan Dozet outstanding salaries and bonus in the amount of EUR 19,000.00. 

  2. Basketball Club APOEL Nicosia is ordered to pay to Mr. Milan Dozet interest of 5% on the amount of EUR 8,000.00 since 31 March 2010, on the amount of EUR 2,000.00 since 14 April 2010, on the amount of EUR 2,000.00 since 21 April 2010, on the amount of EUR 2,000.00 since 24 April 2010 and on the amount of 5,000.00 since 1 May 2010. 

  3. Basketball Club APOEL Nicosia is ordered to pay to Mr. Milan Dozet the amount of EUR 3,000.00 as a contribution towards his legal costs and expenses. Basketball Club APOEL Nicosia shall bear its own legal costs and expenses. 

  4. 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 3,505.00, shall be borne by Basketball Club APOEL Nicosia alone. Accordingly, Basketball Club APOEL Nicosia shall pay to Mr. Milan Dozet EUR 3,505.00. The balance of the Advance on Costs, in the amount of EUR 495.00, will be reimbursed to Mr. Milan Dozet by the FAT. 

  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 requests for relief are dismissed. 

Geneva, seat of the arbitration, 23 March 2011

Award 2/4 0135/10 FAT

FIBA Arbitral Tribunal (FAT)

Stephan Netzle (Arbitrator)

Award 3/4 0135/10 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 7 December 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.

Award 4/4 0135/10 FAT