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Arbitral Award Basketball Arbitral Tribunal (Bat)

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Arbitral Award Basketball Arbitral Tribunal (Bat) ARBITRAL AWARD (BAT 1249/18) by the BASKETBALL ARBITRAL TRIBUNAL (BAT) Ms. Amani Khalifa in the arbitration proceedings between Mr. Kyle Donovan Weaver - Claimant 1 - Mr. Maciej Schwarz - Claimant 2 - represented by Mr. Sabin Liviu Gherdan, attorney at law, Nicolo Paganini, no. 6A, 41505, City of Oradea, Bihor County, Romania vs. Sports Club Aris Thessaloniki Gregory Lambrakis 2 PC, 54646, Thessaloniki, Greece - Respondent - represented by Mr. Dimitris Goulielmos, attorney at law, 38, Skoufa Str, 10672 Athens, Greece AWARD Upon providing all parties with an opportunity to be heard, having examined his jurisdiction and considered the factual and legal arguments as well as the requests for relief submitted in this case, the Arbitrator decides as follows: 1. Sports Club Aris Thessaloniki shall pay Mr. Kyle Donovan Weaver USD 37,432.12 in unpaid salaries, plus interest on such amount at 5% per annum from 17 February 2018 until full payment. 2. Sports Club Aris Thessaloniki shall provide Mr. Kyle Donovan Weaver with a tax certificate detailing all applicable taxes paid on his behalf for any fiscal year in which Sports Club Aris Thessaloniki paid any sum to Mr. Kyle Donovan Weaver. 3. Sports Club Aris Thessaloniki shall pay Mr. Kyle Donovan Weaver USD 1,500.00 in late payment penalties. 4. Sports Club Aris Thessaloniki shall pay Mr. Maciej Schwarz USD 3,000.00 in unpaid agency fees, plus interest on such amount at 5% per annum from 17 February 2018 until full payment. 5. Sports Club Aris Thessaloniki shall pay Mr. Maciej Schwarz USD 1,500.00 in late payment penalties. 6. The costs of this arbitration until the present Award, which were determined by the President of the BAT to be in the amount of EUR 4,550.00, shall be borne 75 % by Sports Club Aris Thessaloniki and 25 % jointly by Mr. Kyle Donovan Weaver and Mr. Maciej Schwarz. Accordingly, Sports Club Aris Thessaloniki shall pay EUR 3,412.50 jointly to Mr. Kyle Donovan Weaver and to Mr. Maciej Schwarz. The balance of the Advance on Costs, in the amount of EUR 1,450.00, will be reimbursed jointly to Mr. Kyle Donovan Weaver and Mr. Maciej Schwarz by the BAT. 7. Sports Club Aris Thessaloniki shall pay Mr. Kyle Donovan Weaver EUR 4,000.00 as a contribution to his legal fees and expenses. 8. Sports Club Aris Thessaloniki shall pay Mr. Maciej Schwarz EUR 2,500.00 Arbitral Award 2/4 (BAT 1249/18) as a contribution to his legal fees and expenses. 9. Any arbitration costs associated with a Request for Reasons (see attached Notice) shall be advanced and borne by the requesting party. 10. Any other or further-reaching requests for relief are dismissed. Geneva, seat of the arbitration, 16 May 2019 Amani Khalifa (Arbitrator) Arbitral Award 3/4 (BAT 1249/18) Notice about Request for Reasons in accordance with Articles 16.2 of the BAT Rules: “By agreeing to submit their dispute to arbitration under these Rules, the Parties agree that, where the value of the dispute does not exceed EUR 100,000, the Arbitrator shall issue an award without reasons, provided, however, that the Arbitrator shall deliver reasons if a party a) files a request to that effect at any stage from when the Request for Arbitration is filed until no later than ten (10) days after the notification of the award without reasons; and b) pays the respective advance on costs as determined and within the time limit set by the BAT Secretariat.” The parties are herewith informed that the amount of the advance on costs to be paid for a reasoned award in this case has been set by the BAT Secretariat EUR 5,000.00. The time limit for payment thereof will be set by the BAT Secretariat upon receipt of the Request for Reasons, if any. Arbitral Award 4/4 (BAT 1249/18) .
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