0281 Amachree vs. Samsun Basketbol Kulübü

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ARBITRAL AWARD

(BAT 0281/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Raj Parker

in the arbitration proceedings between

Ms. Makbule Amachree -Claimant

represented by Mr. Sami Dinc, Büyükdere Caddesi, İstanbul, Turkey

vs.

Samsun Basketbol Kulübü

Bahçelievler Mah. İstiklal Cad. Öcal Sokak, K.n.k Apt. No:1 Kat:3 İlkad.m/Samsun, Turkey

-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:

Samsun Basketbol Kulübü is ordered to pay Ms. Makbule Amachree outstanding salary in the amount of USD 8,500.00.
Samsun Basketbol Kulübü is ordered to pay to Ms. Makbule Amachree interest of 5% p.a. on the amount of USD 8,500.00 from 15 March 2012 until the date that payment is made.
Samsun Basketbol Kulübü is ordered to pay to Ms. Makbule Amachree the amount of EUR 2,200.00 as a contribution towards her legal fees and expenses. Samsun Basketbol Kulübü 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 3,000.00, shall be borne by Samsun Basketbol Kulübü alone. Accordingly, Samsun Basketbol Kulübü shall pay to Ms. Makbule Amachree EUR 3,000.00.
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, 9 October 2012

Raj Parker (Arbitrator)

Arbitral Award 2/3 (BAT 0281/12)

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 0281/12)