0398 Strnad vs KAE Enosi Kalathosfairisis Kavalas

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ARBITRAL AWARD

(BAT 0398/13)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Ms. Annett Rombach

in the arbitration proceedings between

Mr. Nejc Strnad

represented by Mr. Nilo Aguillar Effori,

SNR Denton, One Fleet Place, London ECM4 7WS, United Kingdom vs.

KAE Enosi Kalathosfairisis Kavalas

Dagkli 10, Kavala 65403, Greece

– Claimant –
– Respondent –

Arbitral Award 1/4 (BAT 0398/13)

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. KAE Enosi Kalathosfairisis Kavalas is ordered to pay to Mr. Nejc Strnad
EUR 14,000.00 net together with interest of 5% p.a.

– from 1 June 2011 on the amount of EUR 1,100;

– from 1 July 2011 on the amount of EUR 2,150;

– from 1 August 2011 on the amount of EUR 2,150;

– from 1 September 2011 on the amount of EUR 2,150;

– from 1 October 2011 on the amount of EUR 2,150;

– from 1 November 2011 on the amount of EUR 2,150;

– from 1 December 2011 on the amount of EUR 2,150.

2. KAE Enosi Kalathosfairisis Kavalas is ordered to pay to Mr. Nejc Strnad
EUR 4,000.00 as a contribution towards his 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
4,235.00, shall be borne by KAE Enosi Kalathosfairisis Kavalas alone.
Accordingly, KAE Enosi Kalathosfairisis Kavalas is ordered to pay to Mr. Nejc Strnad EUR 4,235.00. The balance of the Advance on Costs, in the amount of 765.00, will be reimbursed to Mr. Nejc Strnad by the BAT.
4. 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 0398/13)

5. Any other or further-reaching requests for relief are dismissed.

Geneva, seat of the arbitration, 23 September 2013

Annett Rombach

(Arbitrator)

Arbitral Award 3/4 (BAT 0398/13)

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 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 4/4 (BAT 0398/13)