FAT 041/09 (Panellinios BC v/ Kelley)

Follow up: 18 May 2010
Following FIBA's intervention, the Player Mr. Kelley honoured the FAT award and paid the adjudicated amounts to Panellinios BC.

Summary of the case:
The Greek club Panellinios BC filed a claim against the American player Alfrie Eugene (“Tre”) Kelley for compensation for breach of contract, alleging that the player did not return to the club for the second season of the contract and signed an employment agreement with another club.

Panellinios BC requested payment of the contractually agreed buy-out fee, of the non-amortised transfer fee paid to the player’s previous club Cibona Zagreb and of additional compensation for the club’s sports-related damage.

In his answer, the player denied the above claims and submitted that the club had breached the contract by refusing to accept him for the second season of the contract.

In his counterclaim, the player requested full payment of the difference between the salaries for the 2009/2010 season under the contract with Panellinios BC and the salaries under the contract with his new club, Eldan Ashkelon.

The Arbitrator decided that the claim should be partially upheld and the counterclaim deemed withdrawn for failure to pay the advance on costs.