0376 Neitzel vs BBC Monthey

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ARBITRAL AWARD

(BAT 0376/13)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Ms. Annett Rombach

in the arbitration proceedings between

Mr. Drew Neitzel
– Claimant –

represented by Mr. Andy Shiffman, Esq.,

Priority Sports and Entertainment, 325 N. LaSalle Dr., Suite 650, Chicago, IL 60654, USA

vs.

BBC Monthey

Av. De l’Industrie 14, Case postale 1510,

1870 Monthey, Switzerland

– Respondent –

represented by its President, Mr. Christophe Grau

Arbitral Award 1/3 (BAT 0376/13)

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. BBC Monthey is ordered to pay to Mr. Drew Neitzel USD 20,000.00 net together with interest of 5% p.a. from 15 February 2013 on such amount.
2. BBC Monthey is ordered to pay to Mr. Drew Neitzel CHF 600 net together with interest of 5% p.a. from 15 February 2013 on such amount.
3. BBC Monthey is ordered to pay to Mr. Drew Neitzel EUR 4,066.80 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
4,235.00, shall be borne by BBC Monthey alone. Accordingly, BBC Monthey is ordered to pay to Mr. Drew Neitzel EUR 4,235.00. The balance of the Advance on Costs, in the amount of EUR 725.00, will be reimbursed to Mr. Drew Neitzel 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 July 2013

Annett Rombach

(Arbitrator)

Arbitral Award 2/3 (BAT 0376/13)

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 22 April 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 0376/13)