NEWSLETTER-2019-metin

364 NEWSLETTER 2019 Since the BAT awards are true arbitral awards, they may be rec- ognized and enforced in accordance with the NewYork Convention on the Recognition and Enforcement of Foreign Arbitral Awards, dated 1958 (“NYC”). However, the BAT clearly states that it does not pro- vide any assistance in respect to the enforcement of its awards through the NYC. 13 As a matter of fact, considering the reservations made by countries to the NYC, and taking into account their national laws, this method is not preferred, as many problems have been encountered in the enforcement of awards through the NYC 14 . The BAT Awards are almost always implemented through the mechanism provided by the FIBA. According to the mechanism pro- vided in the FIBA Internal Regulation, Article 335, it ensures that the creditor receives credit as a result of the dispute with its own disciplinary system. The party requesting execution of the final decision by the BAT or the Court of Sport Arbitration (“CAS”) in Lausanne, Switzerland may request that the FIBA apply the following sanctions to the party that fails to honor the BAT award, by submitting its request to the FIBA : • A Monetary fine up to 150.000 CHF (this penalty may be applied more than one time). • Withdrawal of FIBA-license (if the party who fails to honor the award is an agent) or WABC membership (if the party who fails to honor the award is a coach). • Aban of international transfer (if the party who fails to honor the award is a player). • A ban on participation in international competitions with his/ her national team and/or club competitions (if the party who fails to honor the award is a player). • A ban on participation in international club competitions, and a ban on registration of new basketball players (if the party who fails to honor the award is a club). 13 http://www.fiba.basketball/bat/faq. 14 Yearbook of International Sports Arbitration, 2015, Chapter 6; Hasler, Erika : “The Basketball Arbitral Tribunal—An Overview of its Process and Decisions” , p. 131-132.