0420 Janning vs. A.S. Junior Pallacanestro Casale Monferrato

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ARBITRAL AWARD

(BAT 0420/13)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Raj Parker

in the arbitration proceedings between

Mr. Matt Janning
– Claimant –

represented by Mr. Jonathan R. DeLong, attorney at law,

5 Balgreen Ct., Bradford, MA 01835, USA

vs.

A.S. Junior Pallacanestro Casale Monferrato, aka
Novipiù Casale Monferrato

Via Garibaldi 45, 15033 Casale Monferrato, Italy

– Respondent –

represented by Mr. Pierluigi Rossi, CEO, and by Mr. Mario Setragno, attorney at law

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. A.S. Junior Pallacanestro Casale Monferrato, aka Novipiù Casale Monferrato, is ordered to pay Mr. Matt Janning compensation for unpaid salary payments in the amount of USD 12,000.00 plus interest at 5% per annum on said amount from 13 August 2013 until the date that payment is made.
2. A.S. Junior Pallacanestro Casale Monferrato, aka Novipiù Casale Monferrato, is ordered to pay Mr. Matt Janning the amount of EUR 1,488.00 and also the amount of USD 1,500.00 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 3,988.00, shall be borne by A.S. Junior Pallacanestro Casale Monferrato, aka Novipiù Casale Monferrato, alone. Accordingly, A.S. Junior Pallacanestro Casale Monferrato, aka Novipiù Casale Monferrato, shall pay Mr. Matt Janning EUR 1,988.00.
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, 13 November 2013

Raj Parker

(Arbitrator)

Arbitral Award 2/3

(BAT 0420/13)

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 1 August 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 0420/13)