The
BASKETBALL ARBITRAL TRIBUNAL (BAT)
Simple, quick, and inexpensive arbitration for the professional basketball world — resolving disputes between players, clubs, and agents since 2007.
Overview
A tribunal built for basketball
The BAT was established in 2007 to offer simple, quick, and inexpensive arbitration to resolve disputes arising from the professional basketball environment. The BAT resolves disputes between players, clubs, and agents. Arbitration in front of the BAT is normally completely voluntary. There are no (FIBA) regulations that dictate that disputes must be handled by the BAT. This means that the parties have to agree on the BAT’s jurisdiction, preferably by means of including a clear arbitration clause in the relevant contract.
The BAT mostly decides cases ex aequo et bono. This means, in short, that the arbitrator can decide “according to what is equitable and good”. The arbitrator of the BAT normally does not have to apply national laws and/or FIBA regulations. This may lead to the assumption that the outcome of BAT arbitration is unpredictable. However, this is not the case. When taking a closer look at the jurisprudence of the BAT, one will also come to the conclusion that BAT arbitrators approachs most issues in a consistent manner. In this way, the BAT really developed basketball law.
Procedure
Procedural aspects of BAT arbitration
The procedural aspects of BAT arbitration are laid down in the BAT Rules. These BAT Rules are updated on a regular bases and allow arbitrators a lot of flexibility. However, the basis is same. Proceedings at the BAT start when a party submits a request for arbitration. Along with filing the request for arbitration a non-reimbursable handling fee must be paid.
The BAT Secretariat will set an advance on costs (and may adjust such advance in the course of the proceedings). The advance on costs should be paid by the parties in equal shares, unless the arbitrator decides otherwise.
The respondent can then submit a answer (which may include a counter claim). After that, the arbitrator would normally render its decision. However, the BAT arbitrator can also decide that the parties have to submit additional written statements or he can scedule a hearing (either in person or online).
Case Law
Basketball law
As said, the BAT decides cases on an ex aequo et bono basis. It should, thus, not come as a surprise that the leading principle in BAT case law is pacta sunt servanda (which translates to “agreements must be kept”).
Through years of consistent decision making, the BAT has further developed its own set of rules, which together must be reffered to as basketball law. These rules include the concept of Verwirkung. They include a clear approach on the validity of conditions precedent in employment contracts (including clauses related to medical examinations). The BAT has a clear opinion on buy-out clauses, unilateral termination of employment contracts, penalty clauses, late payment of salary or agent fees, etc.
Get In Touch
Basketball attorney
Want to know? Check out the blogs at our website. These blogs enter into more detail on specific aspects of BAT arbitration and/or BAT case law.
Cannot find what you’re looking for? Or are you looking for legal counsel that is very familiar with BAT case law? Feel free to contact us!
Duijn Bloem Voss Advocaten
Robijnstraat 11
1812 RB Alkmaar
The Netherlands
Email: info@dbv-advocaten.nl
Email: poggenklaas@dbv-advocaten.nl
Phone: + 31 6 5579 7594
Basketball Lawyer 