NEWSLETTER-2019-metin
358 NEWSLETTER 2019 Basketball Arbitral Tribunal* Att. Ece Ozsu Introduction The Basketball Arbitral Tribunal (“BAT”), formerly known as the FIBAArbitral Tribunal, was established in 2007 as a result of the Fé- dération Internationale de Basketball’s (“FIBA”) idea of establishing a board for the resolution of disputes related to basketball, excluding disciplinary matters 1 , and named as the BAT, in 2011. Article 33 of the FIBA General Statutes stipulates that the forma- tion and structure of the BAT shall be governed by the FIBA Internal Regulations (“Internal Regulations”). The FIBA has established the BAT as an independent arbitral tribunal 2 to resolve disputes that arise in the world of basketball in a simple, timely and cost-effective man- ner. The financing of the BAT guaranteed by the FIBA and the BAT is designed to be a self-financing organ 3 . The BAT, seated in Geneva, is comprised of a President, a Vice-President, and has a roster of eight arbitrators 4 . The BAT’s daily and administrative work is carried out by the BAT Secretariat, based in Munich. The BAT is recognized as a real arbitration center that settles disputes, which arise from a single sports branch, between clubs, bas- ketball players and agents 5 . * Article of August 2019 1 Blackshaw, Ian S. : FIBA Arbitral Tribunal , ISLJ 2009/1-2, p. 65. 2 Regarding the BAT being a true arbitration, see Baştürk, Faruk : Uluslararası Spor Federasyonlarında İş Sözleşmesinden Doğan Uyuşmazlıkların Çözümü: FIFA ve FIBA Örneği, p. 81; Martens, Dirk-Reiner : Basketball Arbitral Tri - bunal, An Innovative System for Resolving Disputes in Sports (only in Sports?) , ISLJ, 2011/1-2, p. 54. 3 The FIBA Internal Regulation, Chapter 8, para. 327. 4 For the BAT Arbitrators, see: http://www.fiba.basketball/bat/composition.pdf. 5 Baştürk, Faruk : FIFA ve FIBA Örneği, p. 78-81.
Made with FlippingBook
RkJQdWJsaXNoZXIy MjUzNjE=