BASKETBALL ARBITRAL TRIBUNAL (BAT)
Mr. Stephan Netzle
in the arbitration proceedings between
Mr. Dimitrios Mavroeidis
– Claimant –
represented by Mr. Sofoklis Pilavios, attorney at law,
29 Irodotou Street, 10673 Athens, Greece
CB Bilbao Basket Berry SAD
Calle Heros, 28 1° Izquierda, 48009 Bilbao, Spain
represented by its President Mr. Predrag Savovic Jovanovic and by
Mrs. Olatz Begona Arrinda Izaguirre
– Respondent –
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. CB Bilbao Basket Berry SAD is ordered to pay to Mr. Dimitrios Mavroeidis the outstanding amount of EUR 2,888.00 plus interest on this amount at the rate of 5% p.a. since 24 September 2013.
2. CB Bilbao Basket Berry SAD is ordered to pay to Mr. Dimitrios Mavroeidis default interest
a. on the amount of EUR 20,000.00, for the period from 23 May 2013 to 25 June 2013 in the amount of EUR 93.15; and
b. on the amount of EUR 10,000.00, for the period from 26 June 2013 to 23 September 2013, in the amount of EUR 123.29.
3. CB Bilbao Basket Berry SAD is ordered to pay to Mr. Dimitrios Mavroeidis the amount of EUR 3,960.00 as a contribution towards his legal fees and expenses. CB Bilbao Basket Berry SAD shall bear its own 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 4,235.00, shall be borne by CB Bilbao Basket Berry SAD alone. Accordingly, CB Bilbao Basket Berry SAD shall pay to Mr. Dimitrios Mavroeidis EUR 4,235.00. The balance of the Advance on Costs, in the amount of EUR 765.00, will be reimbursed to Mr. Dimitrios Mavroeidis 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.
Arbitral Award 2/4 (BAT 0430/13)
6. Any other or further-reaching requests for relief are dismissed.
Geneva, seat of the arbitration, 16 December 2013
Arbitral Award 3/4 (BAT 0430/13)
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 5,000.00. 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 0430/13)