International Basketball Federation (FIBA) established an independent tribunal, named the Basketball Arbitral Tribunal (BAT, formerly known as FIBA Arbitral Tribunal) for the simple, quick and inexpensive resolution of disputes arising within the world of basketball in which FIBA, its Zones, or their respective divisions are not directly involved and with respect to which the parties to the dispute have agreed in writing to submit the same to the BAT.
The BAT is primarily designed to resolve disputes between clubs, players, and agents. Upon request by a BAT arbitrator, FIBA may assist BAT in communicating with parties. BAT awards shall be final and binding upon communication to the parties.
It is recommended that parties wishing to refer their possible disputes to the BAT use the following arbitration clause in their contracts “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 parties’ domicile. The language of the arbitration shall be English. The arbitrator shall decide the dispute ex aequo et bono”.
BAT Rules shall apply and the BAT shall have jurisdiction whenever the parties to a dispute have agreed in writing to submit the dispute to the BAT – including by reference to its former name “FIBA Arbitral Tribunal (FAT)” –, provided that FIBA and its divisions are not directly involved in the dispute. The BAT Arbitrator assigned to the individual case is entitled to refuse to proceed with the arbitration at any time if he/she considers that arbitration under these Rules is not appropriate to resolve the dispute. The Arbitrator shall have the power to rule on his/her own jurisdiction, including on any objection with respect to the existence, scope, or validity of the arbitration agreement.
The seat of the BAT and of each arbitral proceeding before the Arbitrator shall be Geneva, Switzerland, even if hearings, if any, are held in another place. Arbitration proceedings before the BAT are governed by Chapter 12 of the Swiss Act on Private International Law, irrespective of the parties' domicile. The working language of the BAT shall be English. Documents provided to the BAT in a language other than English must be accompanied by a certified translation unless the Arbitrator decides otherwise. The Arbitrator may decide, after consultation with the parties, to hold the proceedings in another language.
The Arbitrator shall endeavour to render the final award no later than six (6) weeks after the completion of the arbitral proceedings or payment of any outstanding advance on costs, whichever comes last. Time limits for the filing of written submissions or other procedural acts shall be determined by the Arbitrator by reference to a specific date. The Arbitrator may, in his/her sole discretion, extend time limits or grant new time limits. Unless admitted otherwise by the Arbitrator in his/her sole discretion, any requests for extension shall be filed before the last day of the relevant deadline and shall set out the reasons for which the request is made.
No hearings are held in arbitration proceedings under these Rules unless the Arbitrator decides to hold a hearing after consultation with the parties. Hearings before the BAT shall be in private. The Arbitrator shall determine in his/her sole discretion whether a hearing is to be held by telephone or video conference or whether and where a hearing in person is to be held. The Arbitrator may make the holding of a hearing dependent on the payment of an additional advance on costs by one or both parties. If witnesses are heard, the Arbitrator shall invite them to tell the truth and draw their attention to the fact that false testimony may lead to criminal sanctions. The parties shall be responsible for the availability of their witnesses and shall bear any costs and expenses related to their testimony.
The Arbitrator shall give a written, dated, and signed award which, subject to Article 16.2 (BAT Rules), shall include reasons. Before signing the award, the Arbitrator shall transmit a draft to the BAT President who may make suggestions as to the form of the award and, without affecting the Arbitrator's liberty of decision, may also draw his/her attention to points of substance. By agreeing to submit their dispute to arbitration under these Rules, the parties agree that, subject to Article 16.3, the Arbitrator shall issue an award without reasons if the sum in dispute does not exceed EUR 50,000.
Mehmet Tuğberk DEKAK