0267 Sigma s.r.l. vs. BC Union Olimpija Ljubljana

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ARBITRAL AWARD

(BAT 0267/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Raj Parker

in the arbitration proceedings between

Sigma s.r.l.

Via Giuseppe Giacosa n. 3, 40132 Bologna, Italy

-Claimant

represented by Mr. Giovanni Facci, Studio Legale Facci, Via Marconi n. 51, 40122 Bologna, Italy

vs.

BC Union Olimpija Ljubljana

Celovska cesta 25, 1000 Ljubljana, Slovenia

-Respondent

AWARD

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:

BC Union Olimpija Ljubljana is ordered to pay Sigma s.r.l. outstanding agency fees in the amount of EUR 17,000.00.
BC Union Olimpija Ljubljana is ordered to pay to Sigma s.r.l. interest of 5% on the amount of EUR 9,000.00 from 1 April 2010 until the date that payment is made and on the amount of EUR 8,000.00 from 15 June 2010 until the date that payment is made.
BC Union Olimpija Ljubljana is ordered to pay to Sigma s.r.l. the amount of EUR 3,500.00 as a contribution towards its legal fees and expenses. BC Union Olimpija Ljubljana shall bear its own 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 4,000.00 shall be borne by BC Union Olimpija Ljubljana alone. Accordingly, BC Union Olimpija Ljubljana shall pay to Sigma s.r.l. EUR 4,000.00.
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-reaching requests for relief are dismissed.
Geneva, seat of the arbitration, 30 August 2012

Raj Parker (Arbitrator)

Arbitral Award 2/3 (BAT 0267/12)

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 26 April 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 0267/12)