FIBA Arbitral Tribunal

on .

This is the second case decided by the FAT, the new international basketball federation ADR mechanism.

Some of you may remember Khalid El-Amin from his UConn championship run in 1999.

Somewhat entertaining…
…especially Claimants first request (reckon it couldn’t hurt)…
…and Respondent’s counterclaim re: losing another player represented by the same agent…
Reminder that regardless of the amount of dispute the non-reimbursable filing fee is 3,000 Euros. This time the respondents actually paid their share on advance costs (set at $5,000 for each party…) and participated in the arbitration process.

The arbitrator of this case worked for 30.6 hours at an hourly rate of 300 Euros. The FAT’s President’s fees were €820 (rounding up the cost to a nice 10,000 Euros). Compare previous case (FAT Pres’ fee at €500)

to compare fees w/ AAA:
http://www.adr.org/sp.asp?id=22440#Fees

On a side note, I take away that living with one’s family — and in a healthier environment — is valued at appx. $300,000… One more thing to ponder when deciding on life transitions:)

Regards from St. Louis

Tassos

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First off wishes to all for a healthy and happy 2008.

Very quickly:

http://www.fiba.com/pages/eng/fc/expe/fat/p/newsid/30142/deci.html

The latest development in what started as a promising institution, the FAT, the arbitration body for International Basketball.
Some of you have prior correspondence. If you desire more please advise.

In a nutshell:
Club did not fulfill its obligations.
Player and agent pursued arbitration via FAT, the new body that perceivably will be the receiving end of various similar cases in the future as FIBA contracts will/should have the pertinent clause.
As you will observe the most frustrating part initially was that to ensure fees would not go uncollected FIBA obliges reception of both parties’ fees to continue hearing the case (!) so player/agent proceeded with paying the respondent’s fees. Obviously the club never appeared and had absolutely no contribution to the review of the case. As one would easily foresee, the club was eventually hit with the award, and as one with experience of Greek pro sport club matters would also foresee, they proceeded to again do nothing about it to avoid further penalties and sanctions by the ISF and NGB…
The final twist that would draw the ire of even the most calm and balanced of observers:
The Greek Basketball Federation, member of FIBA, thus the means by which the sanctions for the club would be enforced (i.e. no new player licenses, though I did not hear anything about the previously set 100,000 Euros fine for not conforming to the FAT award, rendering the team ineligible for FIBA competitions, etc…) steps in and saves the day… They seemingly pick up the tab and FIBA is happy.
In terms of practicality and political motivation, this makes perfect sense.
Final thought, as a Greek taxpayer (the federation is directly funded by the state) and having volunteered in the past with national teams and various federation events and projects, I am fairly disappointed, if not disgusted. As a responsible citizen and professional, I find this at least condoning irresponsible fiscal management, and a somewhat preposterous way to commence an institution of such importance globally. As a legal scholar, I invite contributions:)

Best regards, further links here and here.

Tassos