NEWSLETTER-2019-metin

359 SPORTS LAW Jurisdiction of the BAT The BAT has been founded to resolve disputes arising between clubs, basketball players and agents in a timely and inexpensive man- ner in the basketball community. However, the BAT is not competent to decide on any disputes in which the FIBA, its Zones, or respec- tive divisions, are directly involved. 6 The BAT is not mandatory for basketball-related disputes. The application to the BAT is subject to a written arbitration agreement between the parties. Nevertheless, a BAT arbitrator is entitled to refuse to proceed with the arbitration at any time if he/she considers that the Tribunal, as defined under the BAT Arbitration Rules (“BAT AR”), is not appropriate to resolve the dispute. Moreover, the arbitrator has the power to rule on his/her au- thority, including any objection as to the existence, scope, or validity of the arbitration agreement. Accordingly, the following arbitration clause is provided to the parties in order to make the dispute admissible to the BAT, in a contractual agreement between the parties, either before or after the dispute has arisen: “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, Swit- zerland. The arbitration shall be governed by Chapter 12 of the Swiss Act on Private International Law, irrespective of parties’ domiciles. The language of the arbitration shall be English. The arbitrator shall decide the dispute ex aequo et bono.” Furthermore, in one of its decisions, the BAT ruled that the clause of “arbitration with the FIBA” in the contractual agreement between the parties is sufficient for the BAT to deem itself as the competent authority 7 . 6 The FIBA General Statute, Art.33/1, The FIBA Internal Regulation, Chapter 8, para. 320, the BAT AR, Art.1.1. 7 Baştürk , p. 81-82.