NEWSLETTER-2019-metin

361 SPORTS LAW Procedure The arbitration proceedings before the BAT are conducted in ac- cordance with the BAT AR 8 . Unless otherwise provided in the BAT AR, the arbitrator determines the procedure in the proceedings before him/her. If a party proceeds with the arbitration without raising its objection to any instruction given by the arbitrator, the conduct of the proceedings, the procedural rules, or upon the failure to comply with any provision of these rules, this party is deemed to have waived its right to object in that respect. Costs The claimant must pay the fixed and non-reimbursable handling fee that is determined by the BAT according to the case value. The arbitration will not proceed until the non-reimbursable handling fee is paid by the claimant. The BAT Secretariat may fix a final date for the payment of the non-reimbursable handling fee and, in the case of failure to pay this fee to the BAT bank account, the request for arbitra- tion shall be deemed to have been withdrawn 9 . In addition to the fixed handling fee, unless otherwise decided by the arbitrator, the BAT Secretariat shall fix an advance costs amount to be paid in equal shares by both parties, according to the monetary value of the dispute and the complexity of the case 10 . Since the pro- ceedings shall not continue until the advance on costs is paid, if one of the parties fails to pay its share, the other party may pay this fee in its stead. In principle, where the monetary value of the dispute does not exceed EUR 100.000, the advance on costs will not exceed EUR 7,000 11 . In such cases, the arbitrator shall render his/her decision with- out reasons and, if one of the parties requests a decision to be rendered with grounds, the requesting party must pay the relevant advance costs. 8 The BAT AR is accessible through the web-site of the FIBA. 9 The BAT Arbitration Rules, Art.9.2. 10 For the amount of fixed handling fees and advances pursuant to the monetary value of disputes, see. The BAT Arbitration Rules, Art. 17. 11 For the BAT application fee and justified decision fee, see. http://www.fiba.bas - ketball/bat/circular-on-new-bat-arbitration-rules.pdf.