NEWSLETTER-2019-metin

362 NEWSLETTER 2019 Arbitration Proceedings The arbitration proceeding is initiated when the request for arbi- tration 12 , which includes minimum information, such as the parties’ names, facts, legal arguments, and request for assistance, is submit- ted to the BAT. The claimant may attach to the request for arbitration any relevant document that he/she considers to support or prove his/ her claim. The request for arbitration shall be forwarded to the BAT Secretariat by e-mail, or directly to the BAT by mail. The BAT Secretariat shall forward the request for arbitration to the BAT President for a prima facie determination as to whether the arbitration may proceed. If the BAT President determines that the arbitration may proceed, he/she appoints an arbitrator to the dispute, the BAT Secretariat informs the parties in this respect, and forwards the request for arbitration to the respondent, with the time limit for answers to be submitted. After the submission of both the request for arbitration and the answers, the arbitrator shall determine whether a further exchange of submissions is necessary. The arbitrator may also invite the parties to participate in settlement negotiations. Unless the arbitrator decides to hold a hearing as a result of consultation with the parties, no hearings are to be held in arbitration proceedings before the BAT. If the arbitrator decides to hold a hearing, it is done so in private. The arbitrator shall determine, at his/her sole discretion, whether a hearing is to be conducted by telephone or video conference. If so allowed by the arbitrator, the parties may attend the hearing by video conference or telephone. Provisional and Conservatory Measures In a BAT arbitration, the parties may request that the BAT take provisional and conservatory measures. This request may be filed with the request for arbitration, or during the arbitration proceedings. The BAT arbitrator may decide upon this request and, as well, he/she may take provisional and conservatory measures, ex parte, in cases of 12 For fixed Arbitration Request, see. http://www.fiba.basketball/bat/request-for- arbitration-2018.doc.