0399 Court Side vs Virtus Pallacanestro Bologna

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ARBITRAL AWARD

(BAT 0399/13)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Klaus Reichert SC

in the arbitration proceedings between

Court Side

Parkwijklaan 229, 1326 JT Almere, The Netherlands

– Claimant –

represented by Mr. Dejan Vidicki, Parkwijklaan 229,

1326 JT Almere, The Nertherlands

vs.

Virtus Pallacanestro Bologna S.p.A.

Via dell’Arcoveggio 49/2, 40129 Bologna, Italy

– 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. Virtus Pallacanestro Bologna S.p.A. is ordered to pay to Court Side outstanding agency fees in the amount of USD 22,000.00 together with interest at 1% per month from 1 February 2013 until payment.
2. Virtus Pallacanestro Bologna S.p.A. is ordered to pay to Court Side the amount of EUR 2,975.00 as a contribution towards its 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 3,575.00 shall be borne by Virtus Pallacanestro Bologna S.p.A. alone. Accordingly, Virtus Pallacanestro Bologna S.p.A. is ordered pay to Court Side EUR 3,575.00. The balance of the Advance on Costs, in the amount of EUR 425.00, will be reimbursed to Court Side 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.
5. Any other or further-reaching requests for relief are dismissed.

Geneva, seat of the arbitration, 23 September 2013

Klaus Reichert

(Arbitrator)

Arbitral Award 2/3 (BAT 0399/13)

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 16 May 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 0399/13)