0180 Masiulis, UAB Omega Action vs. CS Universitar Sibiu

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ARBITRAL AWARD

(BAT 0180/11)

by the
BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Ulrich Haas

in the arbitration proceedings between

Mr. Arturas Masiulis

-Claimant 1-UAB “Omega Action”

J. Zembulio st. 46, 35239 Panevezys, Lithuania

-Claimant 2 both represented by Mr. Linas Jakas, Adlex law firm, Gynėjų St. 16, 01109 Vilnius, Lithuania

vs.

Clubul Sportiv Universitar Sibiu

Str. Victoriei Nr. 10, Sibiu, Judetul Sibiu, Romania

-Respondent

represented by Mr. Mircea Vulc, Director

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:

Clubul Sportiv Universitar Sibiu is ordered to pay to Mr. Arturas Masiulis compensation in the amount of EUR 13,957.38, net and free of taxes. Furthermore, Clubul Sportiv Universitar Sibiu is ordered to pay to Mr. Arturas Masiulis interest of 5% p.a. on the aforesaid amount since 23 December 2010.

Clubul Sportiv Universitar Sibiu is ordered to pay to UAB “Omega Action” outstanding agency fees in the amount of EUR 1,500.00. Furthermore, Clubul Sportiv Universitar Sibiu is ordered to pay to UAB “Omega Action” interest of 5% p.a. on the aforesaid amount since 2 January 2011.

Clubul Sportiv Universitar Sibiu is ordered to submit to Mr. Arturas Masiulis documents which prove that all Romanian national and local taxes on the amount of EUR 13,957.38 have been paid by Clubul Sportiv Universitar Sibiu.

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 5,000.00 shall be borne by Clubul Sportiv Universitar Sibiu alone. Accordingly, Clubul Sportiv Universitar Sibiu shall pay jointly to Mr. Arturas Masiulis and UAB “Omega Action” EUR 2,500.00.

Clubul Sportiv Universitar Sibiu is ordered to pay jointly to Mr. Arturas Masiulis and UAB “Omega Action” the amount of EUR 5,074.47 as a contribution towards their legal fees and expenses. Clubul Sportiv Universitar Sibiu shall bear its own legal fees and expenses.

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

Arbitral Award 2/4 (BAT 0180/11)

7. Any other or further requests for relief are dismissed.

Geneva, seat of the arbitration, 30 August 2011

Ulrich Haas (Arbitrator)

Arbitral Award 3/4 (BAT 0180/11)

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 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 4/4 (BAT 0180/11)