0269 Ljubotina, Beobasket Ltd. vs. Trefl Sopot SA

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ARBITRAL AWARD

(BAT 269/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Ulrich Haas

in the arbitration proceedings between

Mr. Slobodan Ljubotina -Claimant 1 –

Beobasket Ltd. -Claimant 2

both represented by Mr. Miodrag Ražnatović, attorney-at-law, vs.

Trefl Sopot SA

Al. Niepodleglosci 809°, 81-810 Sopot, Poland

-Respondent

represented by Mr. Marcin Kicior, Vice-President of the Management Board

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:

Trefl Sopot SA is ordered to pay to Beobasket Ltd. agent fees in the amount of USD 3,600.
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, shall be borne jointly by the Claimants (Mr. Slobodan Ljubotina and Beobasket Ltd.) in the amount of EUR 3,000 and by Trefl Sopot SA in the amount of EUR 1,000. Accordingly, Trefl Sopot SA shall pay jointly to the Claimants EUR 1,000.
Any arbitration costs associated with a Request for Reasons (see attached Notice) shall be advanced and borne by the requesting party.
Trefl Sopot SA shall pay jointly to the Claimants (Mr. Slobodan Ljubotina and Beobasket Ltd.) an amount of EUR 400 as a contribution to their legal fees and expenses. Trefl Sopot SA shall bear its own legal fees and expenses.
All other or further-reaching prayers for relief are dismissed.
Geneva, seat of the arbitration, 29 October 2012

Ulrich Haas (Arbitrator)

Arbitral Award 2/3 (BAT 269/12)

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 25 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 269/12)