BASKETBALL ARBITRAL TRIBUNAL (BAT)
Mr. Ulrich Haas
in the arbitration proceedings between
TP Sports, -Claimant
represented by Mr Victor Berezov, attorney-at-law, Kravchenko Str. 8-20, Moscow, Russia
Mrs Natalia Zhedik,
Grajdansky prospect 122/4, ap. 64, St. Petersburg, Russia
Upon providing both parties with an opportunity to be heard, having ascertained his jurisdiction, 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:
Mrs Natalia Zhedik is ordered to pay to TP Sports agent fees in the amount of Rubles 935,000.00. Furthermore, Mrs Natalia Zhedik is ordered to pay to TP Sports interest of 5% p.a. on the aforesaid amount since 2 May 2011.
Mrs Natalia Zhedik is ordered to pay to TP Sports the amount of EUR 5,500 as a contribution towards its legal fees 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 5,000 shall be borne by Mrs Natalia Zhedik alone. Accordingly, Mrs Natalia Zhedik shall pay to TP Sports EUR 5,000.
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, 12 March 2012
Ulrich Haas (Arbitrator)
Arbitral Award 2/3 (BAT 0229/11)
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 22 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 3/3 (BAT 0229/11)