The Basketball Arbitral Tribunal (BAT) is an independent body, officially recognised by FIBA and outlined by the FIBA General Statutes, providing services for the rapid and simple resolution of disputes between players, agents, coaches and clubs through arbitration. It was established in 2006 (as the FIBA Arbitral Tribunal).
The key characteristics of BAT are:
- True Arbitration under Swiss Law
- Single Arbitrator appointed by the BAT President
- Hearing and hearing of witnesses upon application only
- Provisional and conservatory measures available
- Arbitrator decides on the basis of general considerations of justice and fairness without reference to any particular national or international law (ex aequo et bono)
- Decision within six weeks of end of proceedings
Failure to honour a BAT Award may entail sanctions by FIBA such as, a monetary fine, the withdrawal of a FIBA Agent's License, a ban on international transfers for a player or a ban on registration of new players for a club, as provided in the FIBA Internal Regulations.
Standard Arbitration Clause
For any dispute to be admissible to BAT the following Standard Arbitration Clause must appear in a contractual agreement between the parties (either before or after the dispute has arisen):
“Any dispute arising from or related to the present contract shall be submitted to the Basketball Arbitral Tribunal (BAT) in Geneva, Switzerland and shall be resolved in accordance with the BAT Arbitration Rules by a single arbitrator appointed by the BAT President. The seat of the arbitration shall be Geneva, Switzerland. The arbitration shall be governed by Chapter 12 of the Swiss Act on Private International Law, irrespective of the parties' domicile. The language of the arbitration shall be English. The arbitrator shall decide the dispute ex aequo et bono.” (BAT Arbitration Rules, point 0.3)