0431 Wilson vs. Slupslie Towarzystwo Sportowwe S.S.A.



(BAT 0431/13)

by the


Mr. Raj Parker

in the arbitration proceedings between

Mr. Robert Wilson
– Claimant –

represented by Mr. Larry H. Fox, attorney at law,

401 E. 80th Street – Suite 17F, New York, NY 10075, USA


Slupslie Towarzystwo Sportowe S.S.A. (Energa Czarni)

Ul. Przemyslowa 35, 76-200 Slupsk, Poland

– Respondent –

represented by Mr. Andrzej Twardowski, President of the Board


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. Slupslie Towarzystwo Sportowe S.S.A. (Energa Czarni) is ordered to pay Mr.
Robert Wilson compensation for unpaid contractual penalties in the amount of USD 6,600.00.
2. Slupslie Towarzystwo Sportowe S.S.A. (Energa Czarni) is ordered to pay Mr.
Robert Wilson the amount of EUR 5,000.00 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 4,006.84, shall be borne by Slupslie Towarzystwo Sportowe S.S.A. (Energa Czarni) alone. Accordingly Slupslie Towarzystwo Sportowe S.S.A. (Energa Czarni) is ordered to pay Mr. Robert Wilson EUR 4,006.84.
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, 17 February 2014

Raj Parker


Arbitral Award 2/3

(BAT 0431/13)

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 3 June 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 0431/13)