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 concluded a written arbitration agreement in favour of the BAT (it is advisable to use the clause indicated under Question 1 above).
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 Article 9.1 of the BAT Rules the BAT Secretariat and pay the non-reimbursable handling fee (for the applicable amount, see table in Article 17.1 of the BAT Rules). The Request for Arbitration and any supporting documentation in the form of exhibits should be submitted as one pdf file unless the file size is above 10MB and requires splitting the document; in any event, exhibits should be clearly numbered.
The arbitration will not proceed until the handling fee is received in the FIBA account (Article 17.1 of the BAT Rules).
4. What do I have to provide under "Request for Relief"?
The Request for Relief shall specify the amounts claimed (salaries, bonuses, compensation, interest, reimbursement of legal and other costs etc.) and/or any other claims which the Claimant requests the Arbitrator to rule on.
5. How much do I have to pay for a BAT arbitration?
First of all, the Claimant(s) must pay the non-reimbursable handling fee in order to initiate the arbitration (see Question 3 above).
In addition, after receipt of the Request for Arbitration, the BAT Secretariat will fix an advance on costs. This advance serves to cover the costs of the arbitration, i.e. costs of the BAT for the specific case as well as the fees and costs of the BAT President and the Arbitrator. The exact amount of the costs of the Arbitration is determined by the President of the BAT at the end of the proceedings (Article 17.2 of the BAT Rules). Should the arbitration costs be lower than the advance on costs paid by the parties, the difference will be reimbursed by the BAT.
The amount of the advance on costs is fixed by the BAT Secretariat 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 unless decided otherwise by the Arbitrator. In cases with a value up to EUR 30,000, the advance on costs shall in principle not 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 (Article 9.3.1 of the BAT Rules).
In the arbitral award, the Arbitrator will decide which of the parties shall bear the arbitration costs and in which proportion. Also, the Arbitrator will decide if and to what extent the losing party shall contribute to the prevailing party's legal fees and expenses (Article 17.3 of the BAT Rules). The handling fee (see Question 3 above) is taken into account when granting such contribution (Article 17.1 of the BAT Rules).
6. 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 9.3.2 of the BAT Rules).
In cases with a value between EUR 30,001 and 200,000, if the Respondent fails to pay its share of the advance on costs, the Claimant has the option to request that the award to be rendered at the end of the proceedings will be without reasons (Article 16.2.1(b) of the BAT Rules). If the Arbitrator grants that request, the advance on costs may be reduced.
7. 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)".
8. How do the parties submit their motions?
In general, the arbitration procedure will be conducted in writing. If possible, submissions should be made by email rather than by fax or regular mail.
Hearings will be held only upon decision by the Arbitrator after consultation with the parties (Article 13.1 of the BAT Rules).
9. How long does a BAT arbitration take?
The Award will be delivered in principle within six weeks after completion of the arbitral proceedings (Article 16.3 of the BAT Rules).
10. 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). The BAT is unable to assist in the enforcement.
Furthermore, 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. The BAT is not involved in such procedure.