0371 Cortese v Basket Veroli

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ARBITRAL AWARD

(BAT 0371/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Ms. Annett Rombach

in the arbitration proceedings between

Mr. Riccardo Cortese
– Claimant –

represented by Mr. Giuseppe Cassi, Attorney at Law, Via Archimede 18, 97100 Ragusa, Italy

vs.

Basket Veroli s.r.l.

Parco della Rimembranza 51, 03029 Veroli (FR), Italy

– Respondent –

represented by its President, Mr. Leonardo Zeppieri

Arbitral Award 1/3 (BAT 0371/12)

AWARD

Upon providing both parties with an opportunity to be heard, having ascertained her 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. Basket Veroli s.r.l. is ordered to pay to Mr. Riccardo Cortese EUR 2,023 net together with interest of 5% p.a. on such amount from 1 July 2012.
2. Basket Veroli s.r.l. is ordered to pay to Mr. Riccardo Cortese EUR 10,000 together with interest of 5% p.a. on such amount from 11 July 2012.
3. Basket Veroli s.r.l. is ordered to pay to Mr. Riccardo Cortese EUR 4,746 as a contribution towards his 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 4,000, shall be borne by Basket Veroli s.r.l. alone. Accordingly, Basket Veroli s.r.l. is ordered to pay to Mr. Riccardo Cortese EUR 4,000.
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, 17 June 2013

Annett Rombach

(Arbitrator)

Arbitral Award 2/3 (BAT 0371/12)

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 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 0371/12)