0179 Martin vs. WBC Fenerbahce SK

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ARBITRAL AWARD

(BAT 0179/11)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Ulrich Haas

in the arbitration proceedings between

Mr. Josep Martin Ruiz, -Claimant

represented by Mr. Antonio Martin Molina, 10 Carrer del Parnal, AD700 Escaldes-Engordany, Andorra

vs.

Women’s Basketball Club Fenerbahce S.K.,

Lefter Kucuk Andonyadis Tesisleri Basketbol Subesi, 34726 Istanbul, Turkey

-Respondent

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. Women’s Basketball Club Fenerbahce S.K. is ordered to pay to Mr. Josep Martin Ruiz interest in the total amount of EUR 341. 
  2. Women’s Basketball Club Fenerbahce S.K. is ordered to pay to Mr. Josep Martin Ruiz the amount of EUR 4,750 as a contribution towards his legal fees and expenses. Women’s Basketball Club Fenerbahce S.K. shall bear its own legal fees and expenses. 
  3. 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 4,500 shall be borne by Women’s Basketball Fenerbahce S.K. alone. Accordingly, Women’s Basketball Club Fenerbahce S.K. shall pay to Mr. Josep Martin Ruiz EUR 4,500. 
  4. Any arbitration costs associated with a Request for Reasons (see attached Notice) shall be advanced and borne by the requesting party. 

Geneva, seat of the arbitration, 7 July 2011

Ulrich Haas (Arbitrator)

Arbitral Award (BAT 0179/11)

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

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 BAT Secretariat.”

On 11 May 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 0179/11)