0363 Slay, Lee vs SS Felice Scandone

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ARBITRAL AWARD

(BAT 0363/13)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Raj Parker

in the arbitration proceedings between

Mr. Ronald Slay
– First Claimant –
Mr. David Lee
– Second Claimant –

both represented by Mr. David Lee, attorney at law,

128 Broadway, 18th Floor, New York, NY 10271, USA

vs.

S.S. Felice Scandone

Contrada Zoccolari, c/o PalaDelMauro, 83100 Avellino, Italy

– Respondent –

represented by Mr. Florenzo Storelli, attorney at law, Viale Luigi Cadorna, 5055100 Lucca, Italy

AWARD

Upon providing all of the 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. S.S. Felice Scandone is ordered to pay to Mr. Ronald Slay compensation for unpaid salary and bonus payments in the amount of USD 5,619.83.
2. S.S. Felice Scandone is ordered to pay to Mr. Ronald Slay compensation for late payment of salary and bonus in the amount of USD 500.00.
3. S.S. Felice Scandone is ordered to pay to Mr. David Lee compensation for unpaid agent fees in the amount of USD 2,500.00.
4. S.S. Felice Scandone is ordered to pay to Mr. David Lee compensation for late payment of agent fees in the amount of USD 250.00.
5. S.S. Felice Scandone is ordered to pay jointly to Mr. Ronald Slay and Mr.
David Lee the amount of EUR 2,500.00 as a contribution towards their legal fees and expenses.
6. 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 5,000.00 shall be borne by S.S. Felice Scandone alone. Accordingly, S.S. Felice Scandone shall pay jointly to Mr. Ronald Slay and Mr. David Lee EUR 2,500.00.
7. Any arbitration costs associated with a Request for Reasons (see attached
Notice) shall be advanced and borne by the requesting party.
8. Any other or further-reaching requests for relief are dismissed.

Geneva, seat of the arbitration, 12 September 2013

Raj Parker

(Arbitrator)

Arbitral Award 2/3 (BAT 0363/13)

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 6 March 2013 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 0363/13)