What is the Standard Arbitration Clause?
"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."
What kind of disputes can be brought before BAT?
Any dispute arising in the world of basketball with regard to which the parties have signed an arbitration agreement in favour of BAT (see above standard clause in Article 0.3 of the BAT Rules).
What do I have to do to put a BAT arbitration in motion?
File a Request for Arbitration (download Template for Request for Arbitration) as per Article 9.1 of the BAT Rules with the BAT Secretariat and pay the non-reimbursable handling fee (see table in Article 17.1).
The arbitration will not proceed until the fee is received in the FIBA account (Article 17.1).
What are the costs of a BAT arbitration?
After receipt of the Request for Arbitration, the BAT Secretariat will fix an advance on costs (and may adjust such advance in the course of the proceedings) to be paid in equal shares by both parties (unless decided otherwise by the Arbitrator) into the BAT bank account (see Article 17.1); in fixing the amount of the advance on costs, the BAT Secretariat shall take into account, inter alia, the sum in dispute and the complexity of the case. The initial advance on costs fixed for an award without reasons (see Articles 16.2 and 16.3) shall not exceed EUR 6,000. Where the sum in dispute does not exceed EUR 100,000, the initial advance on costs fixed for an award with reasons shall not exceed EUR 9,000.
While the handling fee is non-reimbursable, the Advance on Costs will be refunded by the BAT to the extent that the actual arbitration costs are lower than what was paid as Advance on Costs. The arbitration costs are determined at the end of the arbitral proceedings by the BAT President (Article 17.2 of the BAT Arbitration Rules).
In the arbitral award, the Arbitrator decides which party bears the arbitration costs (Article 17.3). Normally, if a party prevails in the entirety of its claims, the other party will have to reimburse it for any payments made on the Advance on Costs. Likewise, usually the Arbitrator will grant the prevailing party a contribution towards its reasonable legal fees (Article 17.3). This contribution shall also take into account the handling fee paid by the prevailing party (Article 17.1). However, these are general rules only and the Arbitrator may take a different decision if he/she deems it equitable and fair under the particular circumstances of a case.
What if a party fails to pay its share of the costs?
If one of the parties fails to pay its share of the advance on costs, the other party may substitute for it so that the arbitration can proceed (Article 9.3).
Who will decide the dispute?
A single arbitrator appointed by the BAT President (Article 8.1). The profiles of the BAT arbitrators can be found under "Composition of BAT".
How do the parties submit their motions?
In general, the arbitration procedure will be conducted in writing. Hearings will be held only upon request and if the Arbitrator decides so (Article 13.1).
How long does a BAT arbitration take?
There is no fixed time limit for the duration of BAT proceedings. While Article 16.4 of the BAT Rules provides that the Arbitrator shall endeavour to render the award within 6 weeks of the closure of the proceedings, this is not a binding time limit and in any case the calculation of the 6 weeks depends on when the proceedings are closed.
In fact, the duration of BAT proceedings depends very much on the complexity of the case, the scope of submissions and whether the Respondent participates in the arbitration or remains silent. BAT’s experience shows that most cases are resolved within a period from four to eight months.
How are BAT awards enforced?
BAT awards are enforceable like any other arbitral award; in most countries the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards will apply here.
BAT is unable to assist in the enforcement.
Parties failing to honour a final BAT award may be sanctioned by FIBA (cf. Book 3, Chapter 10 of the FIBA Internal Regulations). Parties seeking FIBA's action must file a request for enforcement with FIBA.
What do I have to provide under "Request for Relief"?
The Request for Relief shall contain a detailed analysis of all the amounts claimed (salaries, bonuses, compensation, interest, reimbursement of legal and other costs etc) and/or any other Claimant's request from the Tribunal.