Basketball Arbitral Tribunal (BAT)

  • What are the Rules?


    1.    FIBA Internal Regulations governing the BAT (Chapter VIII)
     
    2.    BAT Arbitration Rules – version January 2017

    3.    BAT Standard Arbitration Clause

     
    Who is the BAT ?

    Composition of BAT 2016

     
    How does the BAT procedure work ?

    BAT Presentation

     
    How to file a Request for Arbitration ?

    Request for Arbitration 2016_v2.doc

     
    How to contact the BAT ?


    BAT@martens-lawyers.com

     

    Some Statistics

    BAT Statistics 2007-2015

  • 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 standard clause in 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 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).

    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.

    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).

    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)".

    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).

    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).

    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. Article 3-300 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.

  • In accordance with article 3-335 of the FIBA internal Regulations, the following clubs, players, agents and coaches have been sanctioned by FIBA for their failure to honour an award of the Basketball Arbitral Tribunal:

    Clubs banned from registration of new players:
    Country Club Name Men/Women Date of sanction # of bans in place
    Angola Clube Recreativo e Desportivo do Libolo Men 22 November 2016 1 ban in place
    Argentina Club San Martin Corrientes Men 07 July 2016 1 ban in place
    Bulgaria BK Cherno More Port Varna / BC Cherno More Ticha Men 26 April 2016 1 ban in place
    Brazil Unitri Universo Uberlandia BC Men 2 Nov. 2011 1 ban in place
    Cyprus Basketball Club AEL Limassol Men 31 Jan. 2013 2 bans in place
    Cyprus Achilleas Kaimakliou Basketball Club Men 23 Jun. 2011 1 ban in place
    Estonia MTÜ BC Rakvere Tarvas Men 7 Dec. 2016 1 ban in place
    Greece AC Ippokratis Kos Men 24 Feb. 2016 1 ban in place
    Greece BC Athlitikos Omilos Paleo Faliro Women 7 Dec. 2012 1 ban in place
    Greece Maroussi B.C. Men 4 Nov. 2011 1 ban in place
    Greece Olympia Larisa BC Men 4 Nov. 2010 1 ban in place
    Greece AEP Olimpias Patron Men 18 May 2010 2 bans in place
    Hungary Szeviep-Szeged Kosarlabda Sport Kft. Women 17 May 2011 1 ban in place
    Iran Mahan Sepahan Club Men 3 Nov. 2014 2 bans in place
    Iran Esfahan Zobahan Cultural and Sports Club Men 10 Oct. 2014 1 ban in place
    Iran Petrochimi Bandar Imam Harbour Basketball Club Men 23 Jan. 2013 1 ban in place
    Israel Elitzur Ashkelon Men 24 Feb. 2016 1 ban in place
    Israel Elitzur Ramla BC Women 23 April 2015 5 bans in place
    Italy La Spezia Srlssd (A.S. Virtus Basket Spezia) Men 06 April 2016 1 ban in place
    Italy S.S. Sutor Srl Men 4 June 2014 4 bans in place
    Italy ASD Napoli Basket Vomero Women 31 Jan. 2011 1 ban in place
    Italy Fortitudo Pallacanestro Srl (Bologna) Men 29 June 2010 1 ban in place
    Italy S.S. Basket Napoli s.r.l Men 4 Dec. 2008 1 ban in place
    Italy Azzurro Basket Napoli 2013 SSADRL Men 12 Nov. 2014 1 ban in place
    Kosovo KB Peja Men 31 July 2017 3 bans in place
    Latvia VEF Riga Men 16 Jan 2017 1 ban in place
    Lebanon Antranik Y.A. Men 18 Dec. 2013 1 ban in place
    Morocco Ittihad Riadhi de Tanger (IRT) Basketball Men 19 October 2016 1 ban in place (suspensive effect due to appeal)
    Morocco AS Sale Basketball Men 13 October 2016 1 ban in place
    Mexico Halcones de Xalapa A.C. Men 27 Feb. 2015 2 bans in place
    Mexico Capital Humano Deportivo (Fuerza Regia de Monterrey) Men 17 August 2017 1 ban in place
    Puerto Rico Guaynabo Mets Basketball Club Inc Men 02 Feb. 2016 1 ban in place
    Romania

    CSM Targoviste Women 17 April 2014 2 bans in place
    Romania CS Nova Vita Targu Mures Women 07 July 2016 1 ban in place
    Romania Basketball Club CS Otopeni Men 31 Oct. 2011 1 ban in place
    Romania BCM Elba Timisoara Clubul Sportiv Elba Men 26 Jan. 2011 1 ban in place
    Russia BC Krasny Octyabr Men 07 July 2016 2 bans in place
    Russia BC Krasnye Krylya Samara Men 2 June 2015 3 bans in place
    Russia Ural Great Professional Basketball Club Men 10 Oct. 2009 4 bans in place
    Serbia KK Radnicki Kragujevac Men 4 March 2014 3 bans in place
    Serbia KK Vojvodina Srbijagas Men 31 May 2010 1 ban in place
    Spain Club Baloncesto Conquero Women 03 Oct 2016 1 ban in place
    Spain Club Baloncesto Valladolid SAD Men 9 Apr. 2014 1 ban in place
    Spain Club C.B. Club Atapuerca Men 31 Oct. 2011 1 ban in place
    Spain Club Baloncesto Granada SAD Men 19 Jul. 2011 2 bans in place
    Spain Basketball Club Menorca Basquet SAD Men 31 Mar. 2011 1 ban in place
    Tunisia JSK Kairouan Tunisian Club (Jeunesse Sportive Kairouanause) Men 6 Jan 2017 1 ban in place
    Tunisia Club Africain of Tunisia Men 9 October 2017 1 ban in place
    Turkey Torku Konyaspor Basketbol Kulübü Men 23 Feb. 2016 3 bans in place
    Turkey Selcuk Universitesi Sport Kulübü Men 17 April 2015 1 ban in place
    Turkey BC Aliaga Petkim Men 30 Aug. 2014 2 bans in place
    Turkey Antalya Buyuksehir Spor Kulübü Dernegi Men 4 Oct. 2010 2 bans in place
    Turkey Samsun Basketbol Kulübü Women 11 Feb. 2013 3 bans in place
    Turkey

    Best Balikesir Basketball Kulübü

    Men 26 July 2017 1 ban in place
    Turkey

    GalatasaraySpor Kulübü Dernegi

    Men 9 October 2017 1 ban in place
    Turkey

    Usak Sportif Genclik Ve Spor Kulübü

    Men 16 October 2017 1 ban in place
    Turkey

    Karsiyaka Spor Kulübü

    Men 19 October 2017 1 ban in place
    Ukraine BC Kryvbasbasket Men 16 May 2014 2 bans in place
    Ukraine BC Ferro – ZNTU / BC Zaporizhya Men 13 Nov.2014 2 bans in place
    Ukraine BC Dnipro Azot Men 12 Nov. 2014 1 ban in place
    Ukraine Azovmash Mariupol Basketball Club Men 29 March 2017 1 ban in place
    Ukraine Budivelnyk Men 28 Sept 2017 2 bans in place
    Venezuela Club Marinos de Anzoátegui BBC Men 17 August 2017 1 ban in place

     

    Clubs banned from participation in international club competitions:
    Country Club Men/ Women Date of Ban
    Morocco AS Sale Basketball Men 7 July 2017

     

    Players banned from international transfer:
    Country Player's Name Men/Women
    USA Lee A. BENSON Men
    USA Adrian Glenn ABRAMS Men
    USA Mr. Ron Anderson Jr. Men
    USA/R.Dom

    Mr. O’Darien Bassett

    Men

     

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