BASKETBALL ARBITRAL TRIBUNAL (BAT)
Mr. Klaus Reichert SC
in the arbitration proceedings between
Mr. Yehya Khaled Sabra
– Claimant –
represented by Mr. Pantelis Dedes, attorney at law, Xanthou str. 10673, Athens, Greece
Byblos Sporting Club
Jbell, Main Street, near Haji Market, Byblos City, Lebanon
– Respondent –
represented by its President, Mr. Jean-Marc Khalil Khaled
Upon providing all 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. Byblos Sporting Club is ordered to pay Mr. Yehya Khaled Sabra USD 7,500.00 net, for unpaid salary, together with interest at 5% per annum on that amount from 31 May 2013.
2. Byblos Sporting Club is ordered to pay Mr. Yehya Khaled Sabra USD 15,000.00 net, for unpaid salary, together with interest at 5% per annum on that amount from 1 October 2013.
3. Byblos Sporting Club is ordered to pay Mr. Yehya Khaled Sabra EUR 2,000.00 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 5,250.00, shall be borne by Byblos Sporting Club alone. The BAT shall reimburse EUR 2,750.00 to Mr. Yehya Khaled Sabra. Accordingly, Byblos Sporting Club is ordered pay to Mr. Yehya Khaled Sabra EUR 5,250.00, being the difference between the arbitration costs advanced by them and the amount they will receive as reimbursement from 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, 12 June 2014
Arbitral Award 2/3 (BAT 0472/13)
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 April 2014 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 3,000.00. The time limit for payment thereof shall be set by the BAT Secretariat upon receipt of the Request for Reasons, if any.
Arbitral Award 3/3 (BAT 0472/13)