Unbeknownst to many, as of February 1, 2024, the Basketball Arbitral Tribunal (BAT) launched an innovative Payment Order Procedure (POP) as part of its updated Arbitration Rules. While this is a significant change, it has flown under the radar-until now.
In layman’s terms, this change makes it easier, faster and more affordable for hoopers to sue a club for non-payment. Here’s a simplified breakdown of what this means for players, agents, and teams in the basketball world.
What is the POP and Why Was it Introduced?
The Payment Order Procedure (POP) provides a faster and more accessible way to resolve low-value monetary disputes in international sports arbitration. It’s designed to streamline the process for Claimants (those who have a grievance) who may not have the financial means for a regular arbitration. Here’s how it works:
- Simplified Process: Claimants can request a payment order for a specific monetary claim against a Respondent without the need for a full arbitration process.
- Quicker Resolution: The BAT issues the payment order without examining the merits of the claim, as long as basic requirements are met and the Respondent doesn’t object.
Legal Effects of the POP
When a POP is uncontested and meets all requirements, the BAT issues a Final Payment Order (FPO). This order:
- Legally Binding: Acts as a final and binding arbitral award between the parties.
- Disciplinary Measures: Qualifies as a “decision” under Article 3-335 of the FIBA Internal Regulations, allowing the Claimant to seek disciplinary action if the Respondent fails to comply.
How Does the POP Work?
The POP offers a simpler alternative to regular BAT arbitration. Here’s a quick overview:
- Filing a Request: Claimants submit a Payment Order Request (POR) online, providing details about the claim and paying a non-refundable processing fee of EUR 1,000.
- Review and Provisional Order: The BAT (Vice-)President reviews the POR and issues a Provisional Payment Order (PPO) if requirements are met.
- Respondent’s Response: The Respondent has 14 days to object. If there’s no objection, the Claimant can request an FPO.
- Transition to Regular Arbitration: If the Respondent objects, both parties share the costs for a regular BAT arbitration process.
The new Payment Order Procedure (POP) by the Basketball Arbitral Tribunal offers a simpler, more cost-effective, and efficient way to resolve low-value monetary disputes in international sports arbitration. Especially for hoopers who have disputes about payments, this is a game changer!
If you have any questions or need further information about the BAT’s new Payment Order Procedure, feel free to contact me. I’m here to help you navigate these changes and make informed decisions in your basketball career.