A Guide to Arbitration Procedures before the FIBA Arbitral .ppt

1、A Guide to Arbitration Procedures before the FIBA Arbitral Tribunal (FAT),Obtain information on www.FIBA.com/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 (

2、“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. Claimants request for reli

3、ef. 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 (“RfA”) Check whether RfA is complete. Attention! As a rule, no further submissions by Claima

4、nt by E-Mail to FAT Secretariat,Pay the Non-Reimbursable Handling Fee into the FAT Account (17.1 of the FAT Arbitration Rules),4,FAT Secretariat administers the online platform so that the President and Arbitrators can access all information via the internet.This includes,Secretary,Information on th

5、e case to be taken into consideration by the Arbitrator 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,5,FAT Secretariat informs

6、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,6,FAT Secretariat confirms receipt of the Request for Arbitrat

7、ion and of the Non-Reimbursable Handling Fee and informs the Respondent of the pending case and the time limit for filing his Answer (11.2 of FAT Rules) FAT Secretariat also informs the parties about the amount and the time limit for the payment of the advance on costs,Secretary,Claimant,Respondent,

8、7,Pay Advance on Costs into FAT Account (17.3 of FAT Rules),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

9、 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 wh

10、ether Answer is complete. Attention! As a rule, no further submissions by Respondent.,8,All documents exchanged will be forwarded by the FAT Secretariat to the respective other party, the Arbitrator and the FAT President,Arbitrator,Secretary,Claimant,Respondent,9,If requested by a party and / or dec

11、ided by the Arbitrator, a hearing will be organised.,10,The Arbitrator examines the legal arguments, requests parties to submit their summary of legal fees and expenses, drafts the Award (as a rule, Award without reasons for cases of a value up to EUR 30,000 (16.2 of FAT Rules) sends a copy to FAT P

12、resident for review and decision on costs. final copy goes to FAT Secretariat for final formatting final Award will be signed by Arbitrator and distributed by e-mail,Arbitrator,Secretary,President,11,10-day time limit for a party to request Award with reasons and pay the additional advance on costs

13、only for cases of a value up to EUR 30,000 Remaining balance will be reimbursed to the parties in accordance with the Arbitral Award FAT Secretariat closes the case,Claimant,Respondent,Secretary,to account of Claimant and Respondent,12,For further queries please contact FAT Secretariat(click on orange link on FAT website under www.FIBA.com/FAT),13,