0446 Rinaldi vs Basket Veroli S.S.D. a r.l.

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ARBITRAL AWARD

(BAT 0446/13)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Raj Parker

in the arbitration proceedings between

Mr. Tommaso Rinaldi
– Claimant –

represented by Mr. Giovanni Allegro,

Via S.C. Alessandrina n. 9 – 84125 Salerno, Italy

vs.

Basket Veroli S.S.D. a r.l.

Parco della Rimembranza, 51 – 03029 Veroli (FR), Italy

– Respondent –

represented by Mr. Massimo Uccioli, President

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. Basket Veroli S.S.D. a r.l. is ordered to pay Mr. Tommaso Rinaldi compensation for unpaid salary payments in the amount of EUR 9,000.00.
2. Basket Veroli S.S.D. a r.l. is ordered to pay Mr. Tommaso Rinaldi contractual penalties in the amount of EUR 2,500.00.
3. Basket Veroli S.S.D. a r.l. is ordered to pay Mr. Tommaso Rinaldi the amount of EUR 5,000.00 as a contribution towards his 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 4,590.00, shall be borne by Basket Veroli S.S.D. a r.l. alone. Accordingly Basket Veroli S.S.D. a r.l. shall pay Mr. Tommaso Rinaldi EUR 4,590.00. The balance of the Advance on Costs, in the amount of EUR 410.00, will be reimbursed to Mr. Tommaso Rinaldi 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.
6. Any other or further-reaching requests for relief are dismissed.

Geneva, seat of the arbitration, 9 April 2014

Raj Parker

(Arbitrator)

Arbitral Award 2/3 (BAT 0446/13)

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 29 October 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 0446/13)