How does the FAT Procedure work?

A Guide to

Arbitration Procedures

before the

FIBA Arbitration Tribunal (FAT)

How does the FAT Procedure work?

• Obtain information on www.FIBA.com/Experts/FAT

• Internal Regulations on FAT• FAT Arbitration Rules• Composition of the Arbitration Panel

• Frequently asked Questions• Template for Request for Arbitration

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How does the FAT Procedure work?

Fill out Request for Arbitration (“RfA”)(Master Document provided on FIBA website)

RfA shall contain (9.1 of FAT Rules)• names, full addresses, telephone,

fax numbers and e-mail addresses of the Claimant and the Respondent and/or their respective counsel.

• statement of all the facts and the legal arguments.

• Claimant's request for relief.• Copy of contract containing the

arbitration clause in favour of FAT• All written evidence • Any request for a hearing and for

the examination of (a) witness(es).

Claimant

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How does the FAT Procedure work?

File the Request For Arbitration (“RfA”)

[Check whether RfA is complete.Attention!

As a rule, no further submissions by Claimant ]

by E-Mail toFAT Secretariat

Pay the Non-Reimbursable Fee of EUR 3,000.00

into the FAT Account (19.1 of the FAT Arbitration Rules)

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How does the FAT Procedure work?

After receipt of the Request for Arbitration and the Non-Reimbursable Fee, the FAT Secretary opens a new Case on the FAT-Online platform and uploads the documents received for online-access by the FAT Team.

Secretary

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How does the FAT Procedure work?

Secretary administers the online platform so that the Arbitration Panel can access all information via the internet.

This includes Secretary

• Information on the case to be taken into consideration by the Arbitrator

• Task list with steps and time limits to be followed

• Document library with all documents submitted by the parties

• Document library with correspondence exchanged among the FAT Team

• Contact details of the FAT Team

• General Information, Internet Links, Rules and Regulations

• Calendar

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How does the FAT Procedure work?

• FAT Secretary informs the President of the FAT about the new case

• FAT President reviews the documents, confirms conformity with FAT Rules and appoints an Arbitrator

• The Arbitrator receives all documents submitted by the Claimant

Secretary

President

Arbitrator

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How does the FAT Procedure work?

• FAT Secretary confirms receipt of the Request for Arbitration and the Non-Reimbursable Fee to the Claimant and informs the Respondent of the pending case and communicates to him a time limit for filing his answer (11.2 of FAT Rules)

Secretary

Claimant

Respondent

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How does the FAT Procedure work?

• Respondent submits his answer within the set time limit

Answer shall contain (11.2 of FAT Rules)

• Any defence of lack of jurisdiction.

• A statement of defence, including a statement of all the facts and legal arguments.

• Names and addresses of the Respondent and counsel, unless this has already been set out in the Request.

• Any counter claim and details of the relief sought.

• All written evidence on which the Respondent intends to rely.

• Any request for the holding of a hearing and for the examination of (a) witness(es).

Respondent

[Check whether Answer is complete.Attention! As a rule, no further submissions by Respondent.]

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How does the FAT Procedure work?

• All documents exchanged will be forwarded by the FAT Secretary to the respective other party, the Arbitrator and the FAT President

Arbitrator

Secretary

Claimant

Respondent

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How does the FAT Procedure work?

After review of documents the Arbitrator fixes an advance on costs to be paid by Claimant and Respondent (9.3 of FAT Rules)

Claimant

Respondent

Pay Advance on Costs into FAT Account (19.3 of FAT Rules)

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How does the FAT Procedure work?

[If requested by a party,

a hearing / hearing of witnesses will be organised.]

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How does the FAT Procedure work?

The Arbitrator

• examines the legal arguments,

• requests parties to submit their summary of legal fees and expenses,

• drafts the Award, and

• sends a copy to FAT President for review (16.1 of FAT Rules).

• Final copy goes to FAT Secretary for final formatting

• Final Award will be signed by Arbitrator and distributed by e-mail

Arbitrator

SecretaryPresident

How does the FAT Procedure work?

• FAT Secretary prepares a calculation of expenses and costs of the Arbitration Panel

• Remaining balance will be reimbursed to the parties

• FAT Secretary closes the case

Claimant

Respondent

Secretary

to account of Claimant and Respondent

How does the FAT Procedure work?

Appeals can be lodged exclusively with the

Court of Arbitration for Sport (CAS), Lausanne, Switzerland

within 21 days from the communication of the award.

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How does the FAT Procedure work?

For further queries please contact

FAT Secretariat

(click on orange link on FAT website)

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