0519 Arnold, Stanley vs BC Aliaga Petkim

FacebookTwitterGoogle+LinkedInEmailShare

ARBITRAL AWARD

(BAT 0519/14)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Klaus Reichert SC

in the arbitration proceedings between

Mr. Marcus Arnold
– Claimant 1 – Mr. Robert Stanley
– Claimant 2 –

both represented by Mr. Sébastien Ledure, Lorenz International Lawyers

Boulevard du Régent 37-40, 1000 Brussels, Belgium

vs.

BC Aliaga Petkim

Atatürk Mahallesi Günes Sokak No. 25, 35800 Izmir, Turkey

– Respondent –
AWARD

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. BC Aliaga Petkim is ordered to pay Mr. Marcus Arnold outstanding salary in the amount of USD 16,000.00 net, together with interest at 5% per annum on that amount from 31 May 2013.
2. BC Aliaga Petkim is ordered to pay Mr. Robrt Stanley outstanding agency fees in the amount of USD 7,500.00 together with interest at 5% per annum on that amount from 1 October 2012.
3. BC Aliaga Petkim is ordered to pay jointly to Mr. Marcus Arnold and Mr. Robert Stanley EUR 4,500.00 as a contribution towards their legal fees and expenses.
4. BC Aliaga Petkim is ordered to provide Mr. Marcus Arnold a certificate of the taxes paid by it on his behalf.
5. 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 3,100.00, shall be borne by BC Aliaga Petkim alone. The BAT shall reimburse EUR 1,400.00 jointly to Mr. Marcus Arnold and Mr. Robert Stanley. Accordingly, BC Aliaga Petkim is ordered pay jointly to Mr. Marcus Arnold and Mr. Robert Stanley EUR 3,100.00, being the difference between the arbitration costs advanced by them and the amount they will receive as reimbursement from the BAT.
6. Any arbitration costs associated with a Request for Reasons (see attached
Notice) shall be advanced and borne by the requesting party.
7. Any other or further-reaching requests for relief are dismissed.

Arbitral Award 2/4 (BAT 0519/14)

Geneva, seat of the arbitration, 12 June 2014

Arbitral Award 3/4 (BAT 0519/14)

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 March 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 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 0519/14)