BASKETBALL ARBITRAL TRIBUNAL (BAT)
Mr. Klaus Reichert SC
in the arbitration proceedings between
Ms. Marina Kress
– Claimant 1 –
Sports International Group Inc.
267 Kentlands Blvd. Suite 105, Gaithersburg, MD 20878, Maryland Washington, USA
– Claimant 2 –
both represented by Mr. , Attorney at Law, Huzur
Mah. Oyaki Sitesi, Blok No: 27 Daire No: 29, 34396 Sisli, Istanbul, Turkey
Cemalpasa Mah. Gazipasa Blv. Gen Plaza No. 45, Kat.1 D.2,
01120 Adana, Turkey
– Respondent –
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. is ordered to pay to Ms. Marina Kress outstanding bonuses in the amount of USD 4,000.00 net together with interest at 5% per annum from 25 February 2013 until payment.
2. is ordered to pay to Ms. Marina Kress the interest (rate being 5% per annum) which accrued on the amount of unpaid net salary, USD
11,500.00, between 25 February 2013 and 6 June 2013.
3. is ordered to pay to Sports International Group Inc. outstanding agency fees in the amount of USD 3,200.00 net together with interest at 5% per annum from 25 February 2013 until payment.
4. is ordered to pay jointly to Ms. Marina Kress and Sports International Group Inc. the amount of EUR 3,975.00 as a contribution towards their legal fees and expenses.
5. 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 3,575.00 shall be borne by alone. The BAT shall reimburse EUR 425.00 to Ms. Marina Kress and Sports International Group Inc. Accordingly,
is ordered to pay jointly to Ms. Marina Kress and Sports
International Group Inc. EUR 3,575.00, being the difference between the arbitration costs advanced by them and the amount they will receive as reimbursement from the BAT.
6. Any arbitration costs associated with a Request for Reasons (see attached
Notice) shall be advanced and borne by the requesting party.
Arbitral Award 2/4 (BAT 0384/13)
7. Any other or further-reaching requests for relief are dismissed.
Geneva, seat of the arbitration, 12 September 2013
Arbitral Award 3/4 (BAT 0384/13)
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 4/4 (BAT 0384/13)