BASKETBALL ARBITRAL TRIBUNAL (BAT)
Mr. Klaus Reichert SC
in the arbitration proceedings between
Mr. Andre Jermaine Smith
represented by Mr. Benjamin J. Pensack, Esq. 1000 Shelter Bay Ave. Suite #1109, Mill Valley, CA 94941, USA
Karsiyaka Spor Kulübü Dernegi
Basketbol Subesi Yali Cad. No:396, Karsiyaka, Izmir, Turkey represented by Ms. Simge Abis, Attorney at Law in Karsiyaka, Izmir, Turkey
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:
Karsiyaka Spor Kulübü Dernegi shall pay Mr. Andre Jermaine Smith a total amount of USD 26,500.00 net of taxes plus interest at 5% per annum on such amount from 16 May 2011 onwards.
Karsiyaka Spor Kulübü Dernegi shall pay Mr. Andre Jermaine Smith amounts of EUR 1,500.00 and USD 2,450.00 as reimbursement for his 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 2,600.00 shall be borne by Karsiyaka Spor Kulübü Dernegi alone. The balance of the Advance on Costs in the amount of EUR 1,400.00 will be reimbursed to Mr. Andre Jermaine Smith by the BAT. Accordingly, Karsiyaka Spor Kulübü Dernegi shall pay Mr. Andre Jermaine Smith EUR
600.00 as reimbursement for arbitration costs.
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, 10 April 2012
Klaus Reichert SC (Arbitrator)
Arbitral Award 2/3 (BAT 0239/11)
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 16 January 2012 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 0239/11)