0395 U1st Sports Overseas Ltd. vs. Tucker



(BAT 0395/13)

by the


Mr. Stephan Netzle

in the arbitration proceedings between

U1st Sports Overseas Ltd.

31, Donnybrook Castle, Donnybrook, Dublin 4, Ireland

– Claimant –

represented by Mr. Guillermo Bermejo Carbonell,

Mr. Guillermo Lopez Arana and Mr. Mikele Abete Vecino, U1st Sports, C/ Maestro Ripoll 9, 28006 Madrid, Spain


Mr. Clay Jovan Tucker

c/o Ted Kolejliler Ankara, Söğütözü Cad. No: 43, Blok 3, Söğütözü/Ankara, 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. Mr. Clay Jovan Tucker is ordered to pay to U1st Sports Overseas Ltd. the amount of USD 10,000.00.
2. Mr. Clay Jovan Tucker is ordered to pay to U1st Sports Overseas Ltd. the amount of EUR 3,750.00 as a contribution towards its legal fees and expenses. Mr. Clay Jovan Tucker shall bear his own legal fees and expenses.
3. 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 7,980.00, shall be borne by Mr. Clay Jovan Tucker alone. Accordingly, Mr. Clay Jovan Tucker shall pay to U1st Sports Overseas Ltd. EUR 7,980.00. The balance of the Advance on costs, in the amount of EUR 990.83, will be reimbursed by the BAT to U1st Sports Overseas Ltd.
4. Any arbitration costs associated with a Request for Reasons (see attached
Notice) shall be advanced by the requesting party.
5. Any other or further-reaching requests for relief are dismissed.

Geneva, seat of the arbitration 25 February 2014

Stephan Netzle


Arbitral Award 2/3

(BAT 0395/13)

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 November 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 5,000.00. 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 0395/13)