0379 Anderson vs KK Buducnost Voli

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ARBITRAL AWARD

(BAT 0379/13)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Raj Parker

in the arbitration proceedings between

Mr. Jermaine Anderson
– Claimant –

represented by Mr. Andreas Charalambous, advocate,

13 Karaiskakis Street, Office 228, 2nd floor, 3601 Limassol, Cyprus

vs.

KK Buducnost Voli

Njegosev Park, 81000 Podgorica, Montenegro

– Respondent –
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. KK Buducnost Voli is ordered to pay to Mr. Jermaine Anderson compensation for unpaid salary payments in the amount of USD 21,000.00.
2. KK Buducnost Voli is ordered to pay to Mr. Jermaine Anderson interest in relation to unpaid salary payments at a rate of 5% per annum
a. on the amount of USD 4,000.00 from 2 May 2012, and b. on the amount of USD 17,000.00 from 2 June 2012.
3. KK Buducnost Voli is ordered to pay to Mr. Jermaine Anderson the amount of
EUR 1,500.00 as a contribution towards his legal 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 4,000.00 shall be borne by KK Buducnost Voli alone. Accordingly, KK Buducnost Voli shall pay to Mr. Jermaine Anderson EUR 4,000.00.
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, 25 September 2013

Raj Parker

(Arbitrator)

Arbitral Award 2/3 (BAT 0379/13)

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 24 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 0379/13)