0273 Side by Side vs. Carter



(BAT 0273/12)

by the


Mr. Raj Parker

in the arbitration proceedings between

Side By Side s.r.l.

Via Lazzaro Papi 18, 20100 Milan, Italy

– Claimant –

represented by Mr. Sébastien Ledure, Lorenz International Lawyers, Boulevard du Régent 37-40, 1000 Brussels, Belgium


Mr. Nathan Carter
– Respondent –

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:

1. Mr. Nathan Carter is ordered to pay to Side By Side s.r.l. compensation in the amount of EUR 7,900.00.
2. Mr. Nathan Carter is ordered to pay to Side By Side s.r.l. interest of 5% p.a. on the amount of EUR 7,900.00 from 9 November 2011 until the date that payment is made.
3. Mr. Nathan Carter is ordered to pay to Side By Side s.r.l. the amount of EUR
4,000.00 as a contribution towards its legal fees and expenses.
4. 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 Mr. Nathan Carter. Accordingly, Mr. Nathan Carter shall pay to Side By Side s.r.l. EUR 4,000.00.
5. Any arbitration costs associated with a Request for Reasons (see attached
Notice) shall be advanced and borne by the requesting party.
6. Any other or further-reaching requests for relief are dismissed.

Geneva, seat of the arbitration, 4 April 2013

Raj Parker


Arbitral Award 2/3

(BAT 0273/12)

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 31 May 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 0273/12)