0331 Fast Break Co. v Besiktas Jimnastik Kulubu

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ARBITRAL AWARD

(BAT 0331/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Raj Parker

in the arbitration proceedings between

Fast Break Company

Bridle Lane, Glen Cove, NY 11542, USA

-Claimant

represented by Mr. Branko Pavlovic, Attorney at Law, Brace Radovanovica 16 Street, Belgrade, Serbia

vs.

Besiktas Jimnastik Kulübü

Suleyman Seba Caddesi, No. 48 BJK Plaza, Akaretler, Besiktas, 34357 Istanbul, Turkey

-Respondent

represented by Mr. Emin Özkurt, Attorney at Law, Özkurt Law Office, Inönü Cad. Gözcü Apt. No: 35/2 Kat: 2 Gümüşsuyu-Beyoglu, Istanbul, Turkey

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:

  1. Besiktas Jimnastik Kulübü is ordered to pay to Fast Break Company compensation for unpaid agent’s fees in the amount of EUR 25,000.00.
  2. Besiktas Jimnastik Kulübü is ordered to pay to Fast Break Company interest of 5% p.a. on the amount of EUR 25,000.00 from 16 October 2011.
  3. Besiktas Jimnastik Kulübü is ordered to pay to Fast Break Company the amount of EUR 3,300.00 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 2,510.00, shall be borne by Besiktas Jimnastik Kulübü. Accordingly, Besiktas Jimnastik Kulübü shall pay to Fast Break Company EUR 2,510.00. The balance of the Advance on Costs, in the amount of EUR 2,490.00, will be reimbursed to Fast Break Company by the BAT.
  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, 18 February 2013

Raj Parker (Arbitrator)

Arbitral Award 2/3 (BAT 0331/12)

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

afiles 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

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

On 24 October 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 5,000.00. 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 0331/12)