BASKETBALL ARBITRAL TRIBUNAL (BAT)
Mr. Ulrich Haas
in the arbitration proceedings between
Mr. Nicholas Mack Williams -Claimant
BC Politekhnika-Halychyna Ltd.
8 Kerchenska Street, 79035 Lviv, Ukraine
Mr. Alexander Lazorko
c/o BC Politekhnika-Halychyna Ltd. 8 Kerchenska Street, 79035 Lviv, Ukraine
Upon providing both parties with an opportunity to be heard, having examined that the amount in dispute constituted at the time of the request for Arbitration a dispute within the meaning of Article 16.2 of the BAT Arbitration Rules and considered the factual and legal arguments as well as the requests for relief submitted in this case, the Arbitrator decides as follows:
The BAT does not have jurisdiction over Mr. Alexander Lazorko.
BC Politekhnika-Halychyna Ltd. is ordered to pay to Mr. Nicholas Mack Williams compensation in the amount of USD 18,761. Furthermore, BC Politekhnika-Halychyna Ltd. is ordered to pay to Mr. Nicholas Mack Williams interests of 5% p.a. since 22 August 2010 on the amount of USD 5,000, interests of 5% p.a. since 16 February 2011 on the amount of USD 2,761 and interests of 5% p.a. since 16 May 2011 on the amount of USD 11,000.
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 3,982.09, shall be borne by the parties as follows: 3/4 by BC Politekhnika-Halychyna Ltd. and 1/4 by Mr. Nicholas Mack Williams. Accordingly, BC Politekhnika-Halychyna Ltd. shall pay to Mr. Nicholas Mack Williams EUR 2,986.57.
BC Politekhnika-Halychyna Ltd. is ordered to pay to Mr. Nicholas Mack Williams the amount of EUR 1,500 as a contribution towards his legal fees and expenses.
All other or further-reaching prayers for relief are dismissed.
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 0222/11)
Geneva, seat of the arbitration, 2 April 2012
Ulrich Haas (Arbitrator)
Arbitral Award 3/4 (BAT 0222/11)
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 29 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 4/4 (BAT 0222/11)
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