BAT Arbitration Rules (articles 16.1 to the end)

Arbitration Award

• The Arbitrator must provide a written, dated, and signed award that includes reasons, unless stated otherwise.
• Before signing the award, the Arbitrator must transmit a draft to the BAT President, who can suggest changes to the form and bring attention to points of substance.

BAT President's Role

• The BAT President can consult with other arbitrators on issues of principle raised by a pending case to develop consistent BAT case law.
• The BAT President may permit arbitrators to consult amongst themselves on such issues.

Awards Without Reasons

• If the sum in dispute is EUR 50,000 or less, the Arbitrator will issue an award without reasons, unless specified otherwise.
• Parties agree to this condition by submitting their dispute to arbitration under these Rules.

Awards with Reasons

• In cases where an award without reasons is issued, the Arbitrator will issue an award with reasons:
  • If a party requests it in writing within 10 days of notification of the award without reasons, and pays EUR 3,000 into the designated bank account.
  • If the BAT President decides, at their sole discretion, that the award should be rendered with reasons, considering the case's issues and the public interest in a sufficient body of publicized awards with reasons.

Arbitral Proceedings Timeline

• The Arbitrator aims to render the final award within 6 weeks after the completion of the arbitral proceedings or payment of any outstanding advance on costs, whichever comes last.

Confidentiality of BAT Awards

• BAT awards are not confidential, unless the Arbitrator or the BAT President decides otherwise.

Characteristics of BAT Awards

• BAT awards are deemed to have been made at the seat of the BAT.
• BAT awards are final and binding upon communication of the award to the parties by email, fax, courier, or registered letter, whichever comes first.
• If an award cannot be delivered to a party, it shall be final and binding for that party if and when published on the FIBA website, provided the party was notified of the arbitration and the arbitrator's appointment.

Settlement and Consent Award

• If parties reach a settlement after the Arbitrator's appointment, the settlement can be recorded in the form of a Consent Award if requested by the parties and agreed to by the Arbitrator.

Correction of Errors in BAT Awards

• After notification of the BAT award, the Arbitrator can correct any clerical, typographical, or computational error in the award upon a party's request or on their own motion.

BAT Awards

• BAT awards are considered to be made at the seat of the BAT.
• BAT awards are final and binding when communicated to parties.
• Communication methods for award notification include:
  • Email
  • Fax
  • Courier
  • Registered letter
• The award is deemed communicated when any of the above methods are used, whichever is received first.

Arbitration Costs and Fees

• The BAT President determines the final amount of arbitration costs, which includes administrative and other costs, contribution to the BAT Fund, fees and costs of the BAT President and Arbitrator, and abeyance fees paid by parties.
• The final account of arbitration costs may be included in the award or communicated separately to parties.

Fees of the Arbitrator

• Fees of the Arbitrator are calculated based on time spent at a rate determined by the BAT President from time to time.

Allocation of Arbitration Costs

• The award determines which party bears the arbitration costs and in which proportion.
• As a general rule, the award grants the prevailing party a contribution towards reasonable legal fees and other expenses incurred in connection with the proceedings.
• Reasonable legal fees and other expenses include costs of witnesses and interpreters.

Factors Considered in Determining Arbitration Costs and Contributions

• The Arbitrator primarily considers the relief(s) granted compared to the relief(s) sought when deciding on arbitration costs and contributions.
• The Arbitrator secondarily considers the conduct and financial resources of the parties when deciding on arbitration costs and contributions.

Arbitration Award Decision

• The arbitration award determines which party bears the arbitration costs and in what proportion.

Arbitration Costs and Legal Fees

• The award typically grants the prevailing party a contribution towards reasonable legal fees and other expenses.
• These expenses include:
  • Witnesses' costs
  • Interpreters' costs
  • Other reasonable costs incurred during the proceedings

Factors for Arbitration Costs and Fees

• The Arbitrator considers two main factors when deciding on arbitration costs and the amount of contribution to parties' legal fees and expenses:
  • Primarily: the relief(s) granted compared to the relief(s) sought
  • Secondarily: the conduct and financial resources of the parties

BAT Fund

• The BAT maintains a fund, known as the BAT Fund, which involves payments in and out of the fund as outlined in the provision.

Contributions to the BAT Fund

• In cases where the BAT President decides that the award will be rendered with reasons, a contribution will be paid from the BAT Fund towards the arbitration costs.
• The BAT President determines the amount of the contribution from time to time.

Financing of Arbitration

• If a case is terminated before payment of Advance on Costs, the fees and expenses of the Arbitrator and BAT President are covered by the BAT Fund.
• Payments for Arbitrator and BAT President fees are subject to sufficient funds being available in the BAT Fund.

Use of BAT Fund

• The BAT Fund can be used to finance specific measures or projects to increase the efficiency and effectiveness of BAT dispute resolution.
• The BAT President decides on the use of BAT Fund for these measures or projects.

BAT Fund Contributions

• The BAT Fund is financed by a fixed contribution payable in each arbitration as part of the arbitration costs.
• The amount of the contribution is determined by the BAT President from time to time.

BAT Fund Usage

• The BAT President has the authority to decide on the use of BAT Fund monies.
• The fund can be utilized to finance specific measures or projects.
• The primary objective of these financed measures or projects is to enhance the efficiency and effectiveness of BAT dispute resolution.

Payment Order Procedure

• Exceptions to Articles 1-18, unless explicitly stated otherwise in Article 19
• Articles 1.1, 6.3, and 8.4 apply mutatis mutandis to Payment Order Procedure

Filing a Payment Order Request

• Can be filed by a single Claimant against a single Respondent
• Preconditions for filing:
  • Parties agreed to the Payment Order Procedure
  • Dispute involves a monetary claim
  • Respondent is a legal entity
  • Principal amount claimed ≤ EUR 15,000 (excluding interest and late payment penalties)
  • Claim does not bundle multiple claims from different legal relationships

Payment Order Request

• Filed through the BAT's online platform
• Must contain information as requested on the platform
• Documents in languages other than English must be accompanied by a certified English translation

Fees and Payment

• Non-reimbursable processing fee: EUR 1,000 (payable to BAT bank account)
• Fee payment must be made by the fixed deadline set by the BAT Secretariat, or the Payment Order Request will be deemed withdrawn

Provisional Payment Order

• The BAT President issues a Provisional Payment Order upon receipt of the Payment Order Request and payment of the non-reimbursable processing fee.
• The Provisional Payment Order grants the amounts sought if the BAT President is satisfied that the requirements of Article 19.2 are met and the claim is compatible with public policy.
• The maximum amount granted is EUR 15,000, even if the principal amount claimed is higher.

Further Information

• The BAT President may seek further information from the parties before deciding whether to grant the Provisional Payment Order.

Refusal of Provisional Payment Order

• If the BAT President refuses to issue a Provisional Payment Order, the proceedings are terminated.
• The decision is not appealable.
• The Claimant is not barred from filing a Request for Arbitration within the meaning of Article 9 in respect of the same claim.

Objection to Provisional Payment Order

• The Respondent may file an objection with the BAT within 14 days after receipt of the Provisional Payment Order.
• The Respondent must pay a handling fee of EUR 1,000 into the BAT bank account within the same time limit.
• Failure to pay the handling fee results in the objection being deemed withdrawn.
• The handling fee is non-reimbursable, except as provided in Articles 19.5.3 and 19.5.4.

Provisional Payment Order

• The BAT President may seek additional information from parties before deciding on a Provisional Payment Order.

Refusal of Provisional Payment Order

• If the BAT President refuses to issue a Provisional Payment Order, the proceedings will be terminated.
• The decision to refuse a Provisional Payment Order is not appealable.
• A Claimant can still file a Request for Arbitration (as per Article 9) for the same claim despite the refusal.

Final Payment Order

• Failure of Respondent to file objection or pay handling fee leads to Final Payment Order issuance upon Claimant's request
• Final Payment Order confirms Provisional Payment Order, or partially confirms it considering partial payments made by Respondent
• BAT President's satisfaction with requirements of Article 19.3.1 is necessary for Final Payment Order issuance

BAT President's Discretion

• BAT President may seek additional information from parties before deciding on Final Payment Order
• Refusal to issue Final Payment Order leads to proceedings termination, with no appeal possibility
• Claimant is not barred from filing a Request for Arbitration for the same claim if Final Payment Order is refused

Effects of Final Payment Order

• A Final Payment Order has the effects of a final and binding arbitral award between the parties to the dispute

Failure to Respond or Pay Handling Fee

• If the Respondent fails to file an objection or pay the handling fee on time, the BAT President will issue a Final Payment Order upon the Claimant's request.
• The Final Payment Order confirms the Provisional Payment Order.
• The BAT President must be satisfied that the requirements set out in Article 19.3.1 are met before issuing the Final Payment Order.

Consequences of Non-Compliance

• Failure to timely file an objection or to pay the handling fee by the Respondent results in a specific consequence.
• The consequence is that the BAT President will issue a Final Payment Order upon the Claimant's request.
• The Final Payment Order confirms the Provisional Payment Order.
• The BAT President is responsible for issuing the Final Payment Order in this scenario.

Objection Procedure

• If the Respondent files an objection and pays the non-reimbursable handling fee on time, the BAT Secretariat will set an advance on costs.
• Articles 9.3.1 and 9.3.2 apply to the advance on costs, mutatis mutandis.

Consequences of Non-Payment

• If the Respondent's share of the advance on costs is not fully paid within the final time limit, the objection is deemed withdrawn.
• The BAT President will issue a Final Payment Order upon the Claimant's request in such cases.

Refund of Advance on Costs

• If the objection is deemed withdrawn, any share of the advance on costs paid by the Claimant will be reimbursed to the Claimant.

Name Change

• References to the "FIBA Arbitral Tribunal (FAT)" shall be understood as referring to the BAT.

Payment Order Procedure Consequences

• If the Respondent's share of the advance on costs is fully paid within the applicable time limit, but the Claimant's share is not fully paid, the Payment Order Request is deemed withdrawn and the Provisional Payment Order loses effect.
• In such cases, the non-reimbursable handling fee and the Respondent's share of the advance on costs are reimbursed to the Respondent.

Time Limit for Request for Arbitration

• If the full advance on costs is paid, the BAT Secretariat sets a time limit for the Claimant to submit a Request for Arbitration.
• If the Claimant fails to submit a Request for Arbitration within the final time limit, the Payment Order Request is deemed withdrawn and the Provisional Payment Order loses effect.
• In such cases, the non-reimbursable handling fee and the advance on costs are reimbursed to the relevant party or parties.

Termination of Payment Order Procedure

• Upon receipt of the Request for Arbitration within the applicable time limit, the Payment Order Procedure terminates, and the Provisional Payment Order loses effect.
• A regular BAT arbitration commences, with the arbitration deemed to have started on the date of receipt of the Payment Order Request by the BAT Secretariat.
• The advance on costs fixed under Article 19.5.1 serves as the initial advance on costs within the meaning of Article 9.3.1.
• Article 17.3 applies to reasonable legal fees and other expenses incurred by a party in connection with the Payment Order Procedure.