0173 Egnell, Dekeirel vs. SS Pallacanestro Napoli

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ARBITRAL AWARD

(BAT 0173/11)

by the
BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Ulrich Haas

in the arbitration proceedings between

Ms Elisabeth Egnell

-Claimant 1 -Mr Sébastien Dekeirel

-Claimant 2

both represented by Mr Sébastien Dekeirel vs.

SS Pallacanestro Napoli

Via Celle – Parco Oriani 17/D, 80078 Pozzuoli, Italy

-Respondent represented by Ms Monica Alpini, Avv., via F. Cavallotti nr 32, 43121 Parma, Italy

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:

SS Pallacanestro Napoli is ordered to pay Ms Elisabeth Egnell the amount of EUR 800 in respect of a partly outstanding salary payment for January 2011.

SS Pallacanestro Napoli is ordered to pay Ms Elisabeth Egnell the amount of EUR 1,900 in penalty fees for the delay in payment of the salary for January 2011.

SS Pallacanestro Napoli is ordered to pay Ms Elisabeth Egnell the amount of EUR 12,000 for outstanding salaries from February until 30 April 2011.

SS Pallacanestro Napoli is ordered to pay Ms Elisabeth Egnell the amount of EUR 96.70 for travel expenses.

SS Pallacanestro Napoli is ordered to pay Ms Elisabeth Egnell the amount of EUR 3,000 as a contribution towards her legal fees and expenses. SS Pallacanestro Napoli shall bear its own legal fees and expenses

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 4,000 shall be borne by SS Pallacanestro Napoli. Accordingly, SS Pallacanestro Napoli shall pay Ms Elisabeth Egnell the amount of EUR 2,000.

Any arbitration costs associated with a Request for Reasons (see attached Notice) shall be advanced and borne by the requesting party.

Any other or further requests for relief are dismissed.

Geneva, seat of the arbitration, 12 August 2011

Ulrich Haas (Arbitrator)

Arbitral Award (BAT 0173/11)

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

a) files 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

b) pays the respective advance on costs as determined and within the time limit set by the BAT Secretariat.”

On 17 April 2011 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 5,000. The time limit for payment thereof shall be set by the BAT Secretariat upon receipt of the Request for Reasons, if any.

Arbitral Award (BAT 0173/11)