0295 Dragovic vs. Basketball Club AEL Limassol

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ARBITRAL AWARD

(BAT 0295/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Klaus Reichert SC

in the arbitration proceedings between

Mr. Radovan Dragovic -Claimant

represented by Mr. Andreas Charalambous,

vs.

Basketball Club AEL Limassol

Georgiou Thirotou 1, 3012 Limassol, Cyprus

-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:

Basketball Club AEL Limassol is ordered to pay to Mr. Radovan Dragovic outstanding salary in the amount of EUR 22,000.00 net.
Basketball Club AEL Limassol is ordered to pay to Mr. Radovan Dragovic outstanding travel expenses in the amount of EUR 250.00.
Basketball Club AEL Limassol is ordered to pay to Mr. Radovan Dragovic interest at a rate of 5% per annum on: (a) EUR 4,000.00 from 1 November 2011; (b) EUR 4,000.00 from 1 December 2011; (c) EUR 4,000.00 from 1 January 2012; (d) EUR 4,000.00 from 1 February 2012; (e) EUR 4,000.00 from 1 March 2012; and (f) EUR 2,000.00 from 1 April 2012.
Basketball Club AEL Limassol is ordered to pay to Mr. Radovan Dragovic the amount of EUR 4,500.00 as a contribution towards his legal costs and expenses. Basketball Club AEL Limassol shall bear its own legal costs 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 2,510.00 shall be borne by Basketball Club AEL Limassol alone. The balance of the Advance on Costs in the amount of EUR 1,490.00 will be reimbursed to Mr. Radovan Dragovic by the BAT. Accordingly, Basketball Club AEL Limassol is ordered to pay to Mr. Radovan Dragovic EUR 2,510.00.
Any arbitration costs associated with a Request for Reasons (see attached Notice) shall be advanced and borne by the requesting party.
Arbitral Award 2/4 (BAT 0295/12)

7. Any other or further-reaching requests for relief are dismissed.

Geneva, seat of the arbitration, 15 November 2012

Arbitral Award 3/4 (BAT 0295/12)

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

b) pays the respective advance on costs as determined and within the time limit set by the BAT Secretariat.”

On 9 July 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 4/4 (BAT 0295/12)

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