BASKETBALL ARBITRAL TRIBUNAL (BAT)
Mr. Stephan Netzle
in the arbitration proceedings between
Mr. Brian Greene
-Claimant 1 -Court Side Mr. Dejan Vidicki, Parkwijklaan 229, 1326 JT Almere, Netherlands
-Claimant 2 –
Both represented by Mr. William W. McCandless Jr., 244 Peters Street #25, Atlanta, GA 30313, USA
Antalya Buyuksehir Belediyesi Spor Külübü
Ataturk Kapali Spor Salonu Ici-Isiklar Cd., Antalya, Turkey
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:
Antalya Buyuksehir Belediyesi Spor Külübü is ordered to pay to Mr. Brian Greene the amount of EUR 25,220.00 for outstanding salaries and bonuses plus interest of 5% p.a. on the amount of USD 5,000.00 since 2 May 2010, on the amount of USD 27,000.00 from 2 to 30 June 2010, on the amount of USD 22,185.00 from 1 July to 6 September 2010 and on the amount of USD 20,220.00 since 7 September 2010.
Antalya Buyuksehir Belediyesi Spor Külübü is ordered to pay to Court Side the amount of EUR 10,000.00 for outstanding agent fees plus interest of 5%
p.a. since 21 October 2009.
Antalya Buyuksehir Belediyesi Spor Külübü is ordered to pay jointly to Mr. Brian Greene and Court Side the amount of EUR 1,500.00 as a contribution towards their legal costs and expenses.
The costs of this arbitration until the present Award, which were determined by the President of the BAT in the amount of EUR 4,000.00 shall be borne by Antalya Buyuksehir Belediyesi Spor Külübü alone. Accordingly, Antalya Buyuksehir Belediyesi Spor Külübü shall pay jointly to Mr. Brian Greene and Court Side EUR 4,000.00.
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.
Arbitral Award 2/4 (BAT 0176/11)
Geneva, seat of the arbitration, 30 August 2011
Stephan Netzle (Arbitrator)
Arbitral Award 3/4 (BAT 0176/11)
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
b) pays the respective advance on costs as determined and within the time limit set by the BAT Secretariat.”
On 12 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 5,000.00. The time limit for payment thereof shall be set by the BAT Secretariat upon receipt of the Request for Reasons, if any.
Arbitral Award 4/4 (BAT 0176/11)
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