0178 Krabbendam vs. BC Kalev_Cramo

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ARBITRAL AWARD

(BAT 0178/11)

by the
BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Raj Parker

in the arbitration proceedings between

Mr. Robert Krabbendam -Claimant

vs.

Basket Club Kalev/Cramo

Paldiski mnt 104B, 13522 Tallinn, Estonia

-Respondent

represented by Mr. Janno Kuusk, Attorney at law, Law Office Seppik & Sirel, ScalaCity, Tartu mnt 43, 10128 Tallinn, Estonia

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:

Basket Club Kalev/Cramo is ordered to pay to Mr. Robert Krabbendam outstanding salary payments for January 2011 and February 2011 totalling the amount of EUR 7,000.00.

Basket Club Kalev/Cramo is ordered to pay to Mr. Robert Krabbendam interest of 5% per annum on the amount of EUR 3,500.00 for the January 2011 salary payment from 5 February 2011.

Basket Club Kalev/Cramo is ordered to pay to Mr. Robert Krabbendam interest of 5% per annum on the amount of EUR 3,500.00 for the February 2011 salary payment from 5 March 2011.

Basket Club Kalev/Cramo is ordered to pay to Mr. Robert Krabbendam the amount of EUR 1,700.00 as a contribution towards his legal costs and expenses. Basket Club Kalev/Cramo shall bear its own legal costs 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 3,500 shall be borne by Basket Club Kalev/Cramo and Mr. Robert Krabbendam in respective proportions of 80% and 20%. Accordingly, Basket Club Kalev/Cramo shall pay to Mr. Robert Krabbendam EUR 2,800.

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, 11 July 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

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 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. The time limit for payment thereof shall be set by the BAT Secretariat upon receipt of the Request for Reasons, if any.