0142 Dunn v. Selcuk

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FIBA Arbitral Tribunal (FAT)
ARBITRAL AWARD
(FAT 0142/10) by the FIBA ARBITRAL TRIBUNAL (FAT)
Mr. Ulrich Haas
in the arbitration proceedings between
Mr. Alex Dunn, represented by Mr. Larry Fox, 401 E. 80th Street – Suite 17 F, New York, NY 10075, USA -Claimant
vs.
Selçuk Universitesi Spor Kulubu, Keykubat Kampüsü 19, Mayus Spor Saonu Selçuklu-Konya, Turkey represented by Mr. Yaşar Berber, General Manager -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. Selçuk Universitesi Spor Kulubu shall pay to Mr. Alex Dunn an amount of USD 32,000.00 (16,000.00 in salaries and 16,000.00 in late payment penalties). 
  2. Selçuk Universitesi Spor Kulubu shall promptly provide Mr. Alex Dunn with the tax statement described in Clause 5 of the agreement entered into by the parties on 6 August 2008. 
  3. 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 4,000.00 shall be borne as follows: Selçuk Universitesi Spor Kulubu shall bear 90% (EUR 3,600.00) and Mr. Alex Dunn shall bear 10% (EUR 400.00) of said costs. Accordingly, Selçuk Universitesi Spor Kulubu shall pay to Mr. Alex Dunn EUR 3,600.00. 
  4. Any arbitration costs associated with a Request for Reasons (see attached Notice) shall be advanced and borne by the requesting party. 
  5. Selçuk Universitesi Spor Kulubu shall pay to Mr. Alex Dunn an amount of EUR 8,500.00 as a contribution to his legal fees and expenses. 
  6. All other and further reaching requests are dismissed. 

Geneva, seat of the arbitration, 30 March 2011

Ulrich Haas (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 requests 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 9 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.