0427 Dmitriev vs. BC Krasnye Krylia Samara

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ARBITRAL AWARD

(BAT 0427/13)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Ms. Annett Rombach

in the arbitration proceedings between

Mr. Fedor Dmitriev

represented by Mr. Obrad Fimić,

Zlota 11/2 street, 00-019 Warsaw, Poland

vs.

BC Krasnye Krylia Samara

Sovetskoy Armii Str. 253a – 340,

443011 Samara, Russia

– Claimant –
– Respondent –

Arbitral Award 1/3 (BAT 0427/13)

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. BC Krasnye Krylia Samara is ordered to pay to Mr. Fedor Dmitriev
EUR 25,000.00 net together with interest of 10% p.a. from 3 March 2013.
2. BC Krasnye Krylia Samara is ordered to pay to Mr. Fedor Dmitriev
EUR 3,500.00 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 2,915.00, shall be borne by BC Krasnye Krylia Samara alone. Accordingly, BC Krasnye Krylia Samara is ordered to pay to Mr. Fedor Dmitriev EUR 2,915.00. The balance of the Advance on Costs in the amount of EUR 1,085.00 will be reimbursed to Mr. Fedor Dmitriev 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, 3 December 2013

Annett Rombach

(Arbitrator)

Arbitral Award 2/3 (BAT 0427/13)

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 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 0427/13)