0138 Ford v. BCFerrara

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ARBITRAL AWARD

(BAT 0138/10)

rendered by

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Raj Parker

in the arbitration proceedings between

Mr. Sharrod Ford -Claimant

represented by Messrs Patrick King and Danny Servick, Pro One Sports Management Inc, Holbeinstr. 3, 53175 Bonn, Germany

vs.

Basketball Club Ferrara

Via Piangipane, 1, 44121 Ferrara, Italy

-Respondent

represented by Messrs Massimo Coccia and Mario Vigna, Coccia de Angelis & Associati, Piazza Adriana 15, 00193 Rome, Italy

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 Ferrara shall pay to Sharrod Ford an amount of USD 24,334.00, representing the following:

  • unpaid salary payments of USD 26,400.00; less 
  • USD 2,066.00, being the USD equivalent of EUR 1,629.54 (converted at the dates of payment) in respect of certain costs incurred in relation to a rental car. 
  1. Basketball Club Ferrara shall pay to Sharrod Ford interest of 5% p.a. on the amount of USD 24,334.00 from 19 May 2010 until the date of payment. 
  2. Ninety five percent (95%) of the costs of this arbitration until the present Award, which were determined by the President of the BAT to be in the amount of EUR 6,000.00 shall be borne by Basketball Club Ferrara. Accordingly, Basketball Club Ferrara shall pay to Sharrod Ford EUR 3,700.00 (95% of EUR 6,000.00 – EUR 2,000.00 paid as advance on costs). 
  3. Basketball Club Ferrara shall pay to Sharrod Ford EUR 1,425.00, for his legal fees and expenses, being ninety five percent (95%) of the non-reimbursable fee. 
  4. Basketball Club Ferrara shall be responsible for its own legal costs. 
  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, 5 May 2011.

Raj Parker (Arbitrator)

Notice about Request for Reasons

in accordance with Article 16.2 of the BAT 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 BAT Secretariat.”

On 29 November 2010 the BAT Secretariat informed the Parties that the amount of the advance on costs to be paid for a reasoned award in this case is EUR 6,000. The time limit for payment thereof shall be set by the BAT Secretariat upon receipt of the Request for Reasons, if any.