One of the glaring questions about BAT cases is how often are awards actually collected. The BAT website gives statistics about cases, but it has not been updated since April 2011. These statistics, limited as they are, do provide some valuable information about settlements, appeals, and withdrawn cases. The lawyers we employ at Blume, Faulkner, Skeen & Northam PLLC (“BFSN Law“) focus on settling every potential BAT dispute before considering other options such as filing for arbitration. Richard Faulkner, lead counsel on BAT cases for BFSN Law, states, “we tell every potential client that our first priority is to get the team to settle and get as much money as possible, as quickly as possible. If that can be done without filing an arbitration with the BAT, all the better.”
However, if we knew more about how often teams are actually honoring BAT awards, that would greatly increase our ability to advise clients on how to proceed. For example, if we knew that overall, in Eastern Europe, 50% of awards are paid in full within a year of the award, we would be able to tell our clients that any settlement offer today for more than 50% of what is owed would be a winning strategy (50% or more today is better than 50% a year from today).
If we knew that close to 100% of BAT awards are honored, then we would tell our clients not to settle for anything less than 100% of what was owed plus costs, expenses, and legal fees.
So, we would like to hear from our loyal readers––the agents, players, and coaches in the international basketball community. We welcome any information you have on any BAT case ever decided. Contact us today and let us know, so we as a community can learn more about how effective this arbitration scheme is and more effectively enforce contracts in the future.