BASKETBALL ARBITRAL TRIBUNAL (BAT)
Mr. Ulrich Haas
in the arbitration proceedings between
U1st Sports Basket España S.L.
c/ Maestro Ripoli 9, 28006 Madrid, Spain
represented by Mr. Juan Aísa Bianco, Mr. Guillermo Bermejo Carbonell, Mr. Guillermo López Arana and Mr. Mikel Abete Vecino
Mr. Damjan Rudež -Respondent
represented by Mr. Danko Drakulić, Law firm Drakulić & Partners, Tomašićeva 3, 1000 Zagreb, Croatia
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:
- Mr. Damjan Rudež is ordered to pay to U1st Sports Basket España S.L. damages in the amount of EUR 15,000.
- 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 5,000, shall be borne by Mr. Damjan Rudež. Accordingly, Mr. Damjan Rudež shall pay to U1st Sports Basket España S.L. EUR 5,000.
- Mr. Damjan Rudež is ordered to pay to U1st Sports Basket España S.L. the amount of EUR 2,840 as a contribution towards its legal fees and expenses. Mr. Damjan Rudež shall bear his own legal fees and expenses.
- 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, 18 February 2013
Ulrich Haas (Arbitrator)
Arbitral Award 2/3 (BAT 0333/12)
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 22 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. 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 0333/12)