NEWSLETTER-2019-metin

363 SPORTS LAW urgency. If a party requests that the BAT take a certain measure, then the party concerned is deemed to have waived any right to request measures from the national courts. Applicable Law Unless the parties have agreed otherwise, the arbitrator shall decide upon the dispute, ex aequo et bono , applying general consid- erations of justice and fairness, without reference to any particular national or international laws. If the parties agree that the arbitrator is not authorized to decide, ex aequo et bono, and had not previously determined the applicable law, the arbitrator shall decide upon the dispute according to the rules of law that he/she deems appropriate. In this respect, since the arbitration clause proposed by the BAT stipulates that the arbitrator decide, ex aequo et bono , the parties must clearly state in the arbitration clause if they wish to reference any na- tional law. Award and its Enforcement Before signing the written and dated award, the arbitrator shall transmit a draft to the BAT President. The BAT President examines the award in order to make suggestions as to the form of the award and draws the arbitrator’s attention to the matters related to the merits of the case, without affecting the arbitrator’s liberty of decision. The BAT President shall also determine the final amount of the costs of the arbitration, including the administrative and other costs of the BAT, and this final amount shall be notified to the parties, together with the decision, or separately. The arbitrator shall render the final award no later than 6 weeks after completion of the arbitral proceedings, or upon payment of the advance as to costs for writing the justified award, whichever is the latter. The BAT Awards are not confidential, unless otherwise agreed by the arbitrator. The BAT awards shall be deemed to have been made at the seat of the BAT. The awards become final and binding upon notification of the award to the parties.