BASKETBALL ARBITRAL TRIBUNAL (BAT)
Mr. Quentin Byrne-Sutton
in the arbitration proceedings between
ASM Sports, 920 Undercliff Avenue, Edgewater, New Jersey 07020, USA
Represented by Messrs. Guillermo López Arana and Mikel Abete Vecino c/ Maestro Ripoll 9, 28006 Madrid, Spain
Galatasaray Spor Kulübü, Büyükdere Cad. Akincibayir Sok. No. 8 Kat. 3 Mecidiyeköy, 34387 Istanbul, Turkey
Represented by Mr. Mahinur Dengiz, Attorney at Law
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:
ASM Sports’ requests for relief are dismissed.
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 ASM Sports alone. The balance of the Advance on Costs, in the amount of EUR 1,370.00 will be reimbursed to ASM Sports 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, 7 May 2012
Quentin Byrne-Sutton (Arbitrator)
Arbitral Award 2/3 (BAT 0241/11)
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 0241/11)