BASKETBALL ARBITRAL TRIBUNAL (BAT)
Mr. Ulrich Haas
in the arbitration proceedings between
Mr. Cortney Jermain Scott -Claimant
represented by Mr. Flavius Costaş Cosmin, lawyer Str. Abrud, nr. 3, 310317 Arad, Arad County, Romania
Club Sportive Otopeni
Str. 23 August, nr. 10, Otopeni, Ilfov County, Romania
represented by Mr. Mugurel Porumbacu, Executive Manager
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:
Club Sportive Otopeni is ordered to pay to Mr. Cortney Jermain Scott outstanding salaries and compensation in the amount of EUR 18,157.91. Furthermore, Club Sportive Otopeni is ordered to pay to Mr. Cortney Jermain Scott interests of 5% p.a. since 24 February 2012 on the aforementioned amount.
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 2,000, shall be borne by the Club Sportive Otopeni alone. Accordingly, Club Sportive Otopeni shall pay to Mr. Cortney Jermain Scott EUR 2,000.
Club Sportive Otopeni is ordered to pay to Mr. Cortney Jermain Scott the amount of EUR 1,450 as a contribution towards his legal expenses. Club Sportive Otopeni shall bear its own legal fees and expenses.
Any arbitration costs associated with a Request for Reasons (see attached Notice) shall be advanced and borne by the requesting party.
All other or further-prayers for relief are dismissed.
Geneva, seat of the arbitration, 25 June 2012
Ulrich Haas (Arbitrator)
Arbitral Award 2/3 (BAT 0261/12)
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 March 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 0261/12)