FAT 039/09 (Capin v/ Azovmash BC)

Follow up: 29 jun 2010
Following FIBA’s intervention, the club Azovmash BC honoured the FAT award and paid the adjudicated amounts to the claimant. As a result, FIBA lifted bans on registration of new players and on participation which were imposed on the Club respectively on 05 May 2010 and 03 June 2010.

Follow up: 3 June 2010
In view of the fact that Azovmash Mariupol Basketball Club continues to be in breach of its obligation to honour the FAT award, FIBA imposed a ban on participation in international club competitions on Azovmash Mariupol Basketball Club.

Follow up: 5 May 2010
In view of the fact that Azovmash Mariupol Basketball Club continues to be in breach of its obligation to honour the FAT award, FIBA imposed a ban on registration of new players on Azovmash Mariupol Basketball Club.

Summary of the case:
The Slovenian player Aleksandar Capin filed a claim against the Ukrainian club Azovmash Mariupol BC for outstanding payments and compensation for breach of contract.

The player requested full payment of his salaries for the entire 2008/2009 season, alleging that the club terminated the contract without just cause.

In its answer, the club denied the above claims submitting that the player was suffering from a chronic disease which he did not disclose at the time of the initial medical examination although he was obliged to do so under the contract.

Also, the club submitted that after the termination of the contract the player signed a new employment contract with another club for the remaining of the 2008/2009 season. The Arbitrator decided to partially uphold the claim.