0417 Moore, Sports International Group Inc. vs. Homend Antakya Belediyesi Genclik SK

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ARBITRAL AWARD

(BAT 0417/13)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Klaus Reichert SC

in the arbitration proceedings between

Ms. Jessica Moore

– Claimant 1 –

Sports International Group Inc.

267 Kentlands Blvd. Suite 105, Gaithersburg, MD 20878, Maryland Washington, USA

– Claimant 2 –

represented by Mr. Ersü Oktay Huduti, attorney at law, Büyükdere Cad. Maya Akar Center

100-102 C Blok Ofis No: 13 Esentepe Sisli, Istanbul, Turkey

vs.

Homend Antakya Belediyesi Genclik Spor Kulübü

Cumhuriyet Mahallesi Adnan Menderes Cad. No. 6,

31000 Antakya, Turkey

– Respondent –
AWARD

Upon providing all 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. Homend Antakya Belediyesi Genclik Spor Kulübü is ordered to pay to Ms. Jessica Moore outstanding salary in the amount of USD 28,000.00 together with interest at 5% per annum until payment on: (a) USD 12,000.00 from 21 February 2012; and (b) USD 16,000.00 from 21 March 2012.
2. Homend Antakya Belediyesi Genclik Spor Kulübü is ordered to pay to Sports International Group Inc. outstanding agency fees in the amount of USD 9,250.00 together with interest from 6 January 2012 at 5% per annum until payment.
3. Homend Antakya Belediyesi Genclik Spor Kulübü is ordered to pay jointly to Ms. Jessica Moore and Sports International Group Inc. EUR 3,500.00 as a contribution towards their legal fees and 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 3,245.00, shall be borne by Homend Antakya Belediyesi Genclik Spor Kulübü alone. Accordingly, Homend Antakya Belediyesi Genclik Spor Kulübü shall pay jointly to Ms. Jessica Moore and Sports International Group Inc. EUR
3,245.00. The balance of the Advance on Costs, the amount of EUR 1,689.02, will be reimbursed to Ms. Jessica Moore by the BAT.
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.

Arbitral Award 2/4 (BAT 0417/13)

Geneva, seat of the arbitration, 15 January 2014.

Klaus Reichert

(Arbitrator)

Arbitral Award 3/4 (BAT 0417/13)

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 31 July 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 0417/13)