0437 Nemeth, Dekeirel vs. SKBD Rücon

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ARBITRAL AWARD

(BAT 0437/13)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Quentin Byrne-Sutton

in the arbitration proceedings between

Ms. Bernadette Nemeth
– Claimant 1 –

represented by Mr. Sébastien Dekeirel

Mr. Sébastien Dekeirel

Basket Promotion Agency, 40, rue du Petit Ennetières,

59710 Avelin, France

– Claimant 2 –

vs.

SKBD Rücon Spisska Nova Ves

Jilemnickeho 8, 03601 Novas Ves, Slovakia

– Respondent –

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. SKBD Rücon Spisska Nova Ves shall pay Ms. Bernadette Nemeth the following amounts, net of taxes:

 EUR 2,500, as compensation for outstanding salaries, plus interest at

5% per annum on such amount from 24 April 2013 onwards.

 EUR 1,500, as compensation for outstanding bonuses, plus interest at

5% per annum on such amount from 24 April 2013 onwards.

 EUR 400, as compensation for fuel costs, plus interest at 5% per annum on such amount from 1 May 2013 onwards.

2. SKBD Rücon Spisska Nova Ves shall pay to Mr. Sébastien Dekeirel compensation in the amount of EUR 500, as compensation for outstanding fees, plus interest at 5% per annum on such amount from 26 February 2013 onwards.
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 4,000, shall be borne by SKBD Rücon Spisska Nova Ves alone. Accordingly, SKBD Rücon Spisska Nova Ves shall pay jointly to Ms. Bernadette Nemeth and Mr. Sébastien Dekeirel an amount of EUR 4,000 as a reimbursement of their arbitration costs.
4. SKBD Rücon Spisska Nova Ves shall pay jointly to Ms. Bernadette Nemeth and Mr. Sébastien Dekeirel an amount of EUR 1,829 as a contribution to their legal fees and expenses.
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.

Geneva, seat of the arbitration, 7 November 2013

Quentin Byrne-Sutton

(Arbitrator)

Arbitral Award 2/3 (BAT 0437/13)

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 9 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 0437/13)