fat presentation how does procedure go 080111

8/8/2019 FAT Presentation How Does Procedure Go 080111

http://slidepdf.com/reader/full/fat-presentation-how-does-procedure-go-080111 1/16

How does the FAT Procedure work?

A Guide to

Arbitration Procedures

before the

FIBA Arbitration Tribunal (FAT)




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

2




Fill out Request for

Arbitration (³RfA´)(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 thelegal 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

3




File the Request For Arbitration (³RfA´)

[Check whether RfA is complete.

Attention!

As a rule, no further submissions by Claimant ]

by E-Mail to

FAT Secretariat

Pay the Non-Reimbursable Fee

of EUR 3,000.00into the FAT Account

(19.1 of the FAT Arbitration Rules)

4




After receipt of the Request for Arbitration and the Non-ReimbursableFee, 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

5




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

This includesSecretary

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

6




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

7




FAT Secretary confirms receipt of the Request for Arbitration and theNon-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

8




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.]

9




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

Arbitrator

Secretary

Claimant

Respondent

10




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)

11




[If requested by a party,

a hearing / hearing of witnesses will be organised.]

12




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




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 andRespondent




Appeals

can be lodged exclusively with the

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

within 21 days

from the communication of the award.

15




For further queries please contact

FAT Secretariat

(click on orange link on FAT website)

16

fat presentation how does procedure go 080111

Documents