Frequently Asked Questions about BAT
1. 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."
2. 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 standard clause in 0.3 of the BAT Rules).
3. 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 9.1 of the BAT Rules with FIBA or 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 (17.1).
4. What are the costs of a BAT arbitration?
After receipt of the Request for Arbitration the BAT Secretariat will fix an advance on costs based, inter alia, on the monetary value of the dispute and the complexity of the case to be paid in equal shares by both parties (9.3). In cases with a value up to EUR 30,000 the advance on costs shall not in principle exceed EUR 5,000; in such cases the Arbitrator shall deliver an award without reasons unless a party requests a reasoned award and pays the respective advance on costs.
5. 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 (9.3).
6. Who will decide the dispute?
A single arbitrator appointed by the BAT President (8.1). The profiles of the BAT arbitrators can be found under "Basketball Arbitral Tribunal Composition (BAT President and BAT Arbitrators)".
7. How do the parties submit their motions?
In general, the arbitration procedure will be conducted in writing. Hearings will be held only upon request (13.1).
8. How long does a BAT arbitration take?
The Award will be delivered in principle within six weeks after completion of the arbitral proceedings (16.3).
9. 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 http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/NYConvention.html
BAT is unable to assist in the enforcement.
Parties failing to honour a final BAT award may be sanctioned by FIBA (cf. Article 3-300 of the FIBA Internal Regulations). Parties seeking FIBA action must file a request 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.