NEWSLETTER-2019-metin

360 NEWSLETTER 2019 Seat of Arbitration, Language of Arbitration, and Representation of the Parties The seat of the BAT is Switzerland, irrespective of the places where the hearings are held. Arbitration proceedings before the BAT are governed by Chapter 12 of the Swiss Act on Private International Law (“PILA”), irrespective of the parties’ domiciles. Thus, even if the domicile of one of the parties at the time of the signing of the arbitration agreement is in Switzerland, the international arbitration rules under the PILA shall be applied to disputes before the BAT. The working language of the BAT is English. Nevertheless, the arbitrator may decide to hold the proceedings in another language af- ter consultation with the parties. In this respect, unless the arbitrator decides otherwise, documents provided to the BAT in a language other than English must be accompanied by a certified translation. The parties may be represented by legal counsel, or by any other person of their choice, in arbitration proceedings before the BAT. Arbitrators All disputes before the BAT are settled by a single arbitrator. The arbitrator is appointed by the BAT President on a rotational basis from the published list of the BAT arbitrators, applicable at the time when the request for arbitration is received by the BAT Secretariat or the FIBA (whichever comes first). In the event that the arbitrator so ap- pointed is unavailable, resigns, is successfully challenged, or declines the appointment, the BAT President appoints the next available arbi- trator. If there are legitimate doubts regarding the arbitrator’s indepen- dence or objectivity, the challenge request concerning the arbitrator must be brought within 7 days after the grounds for the challenge have become known to the party making the challenge. Challenges are ex- clusively determined by the BAT President.