0221 Salkauske vs. Besiktas JK



(BAT 0221/11)

by the

Mr. Klaus Reichert SC

in the arbitration proceedings between

Ms. Iveta Salkauske

represented by Mr. Josep Martin Ruiz 58 Boulevard Aristide Briand, 66100 Perpignan, France



Besiktas Jimnastik Kulubu Dernegi

Suleyman Seba Caddesi, No. 48 BJK Plaza 34357 Besiktas / Istanbul, Turkey

represented by Mr. Kubilay Marangoz, legal counsel



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:

Besiktas Jimnastik Kulubu Dernegi is ordered to pay to Ms. Iveta Salkauske outstanding salaries in the amount of EUR 21,000.00.

Besiktas Jimnastik Kulubu Dernegi is ordered to pay to Ms. Iveta Salkauske interest of 5% on the amount of EUR 21,000.00 since 1 May 2011.

Besiktas Jimnastik Kulubu Dernegi is ordered to pay to Ms. Iveta Salkauske the amount of EUR 2,000.00 as a contribution towards her legal costs and expenses. Besiktas Jimnastik Kulubu Dernegi 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 1,850.00 shall be borne by Besiktas Jimnastik Kulubu Dernegi alone. Accordingly, Besiktas Jimnastik Kulubu Dernegi shall pay to Ms. Iveta Salkauske EUR 1,850.00. The balance of the Advance on Costs, in the amount of EUR 1,150.00 will be reimbursed to Ms. Iveta Salkauske by the BAT.

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, 31 January 2012

Klaus Reichert SC (Arbitrator)

Arbitral Award (BAT 0221/11)

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 14 November 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 0221/11)