0140 CourtSide v. BC Ferrara

FacebookTwitterGoogle+LinkedInEmailShare

FIBA Arbitral Tribunal (FAT)
ARBITRAL AWARD
(0140/10 FAT)
by the
FIBA ARBITRAL TRIBUNAL (FAT)
Mr Klaus Reichert SC
in the arbitration proceedings between
Court Side, Parkwijklaan 229, 1325 JT Almere, The Netherlands represented by Mr Marco Damiani -Claimant
vs.
Basket Club Ferrara S.r.l., Corso Giovecca nr. 40/B, 44121 Ferrara, Italy represented by Mr Mario Vigna, Coccia de Angelis Associati, Piazza Adriana, 15, Rome 00193, Italy -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. The costs of this arbitration until the present Award, which were determined by the President of the FAT in the amount of EUR 1,450.00, shall be borne by Basket Club Ferrara S.r.l. The balance of the Advance on Costs, in the amount of EUR 1,050.00, will be reimbursed to Court Side by the FAT. 
  2. Basket Club Ferrara S.r.l. shall pay to Court Side an amount of EUR 1,500.00 as a contribution to its 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, 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 25 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.