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Information on the new Payment Order Procedure

Information on the new Payment Order Procedure

The Basketball Arbitral Tribunal (“BAT”) hereby informs its users that a new Payment Order Procedure (“POP”) will be introduced with the new edition of the BAT Arbitration Rules (“BAT Rules”), which come into effect as of 1 February 2024. 

1) What is the POP and why is it introduced?

The POP is comparable to default judgements before state courts (e.g. the European order for payment procedure) and is arguably the first of its kind in the context of international (sports) arbitration. In a nutshell, a Claimant may request the BAT to issue a payment order for a specific monetary claim against a Respondent. The BAT will issue such payment order without examining the merits of the claim if some basic requirements are fulfilled and the Respondent does not object to the issuance of the payment order. 

With the POP, the BAT addresses the feedback received by the BAT user community in recent years, in particular at the BAT User Conference in November 2022. That feedback underlined the existence of a significant demand for a mechanism that provides access to the BAT for Claimants in low value disputes who do not have the financial means to afford the arbitration costs involved in a regular BAT arbitration. At the same time, the POP is a response to the fact that in a significant number of BAT proceedings, the Respondent does not participate in the arbitration. 

2) Legal effects of the POP?

At the end of an uncontested POP in which all necessary requirements are fulfilled, the BAT issues the Final Payment Order (“FPO”), which shall have the effects of a final and binding arbitral award between the parties. In addition, the FPO qualifies as “decision” in the terms of Article 3-335 of the FIBA Internal Regulations. Accordingly, if the Respondent fails to honour the FPO, the Claimant may request FIBA to initiate disciplinary proceedings.

3) When does the POP apply?

A Claimant may only make use of the POP if the parties have agreed on the application of the POP to their dispute. Therefore, parties wishing to have this option for potential future financial disputes are advised to include into their contract the new alternative BAT clause provided under Article 0.3 of the BAT Rules.

In addition, the POP applies only if the claim…

- … is of a monetary nature and does not exceed a sum in dispute of EUR 15,000.00,

- … is filed by a single individual or legal entity as claimant,

- … is filed against a single legal entity as respondent, and

- … does not bundle multiple claims deriving from different legal relationships (e.g. claims by an agent against a club for agent fees payable in relation to different player transfers).

4) How does the POP work?

The new POP allows creditors to file a payment order request (“POR”) instead of initiating a regular BAT arbitration. To submit a POR, the Claimant must enter the required information on the Claimant, the Respondent and the claim into the online form available under https://bat-payment-order.martens.legal/ and upload the relevant documents. 

Along with the POR, the Claimant must pay a non-reimbursable processing fee of EUR 1,000.00 into the BAT bank account. No further payments by the Claimant are required for the POP. In particular, no advance on costs will need to be paid for the POP. Thus, the costs involved in the POP are significantly lower than the costs required for a BAT arbitration.

The POR is reviewed by the BAT (Vice-)President, who issues a Provisional Payment Order (“PPO”) if the requirements mentioned in section 3) above are met, the claim does not violate public policy and the utilization of the POP is not abusive. 

The PPO is delivered both to the Claimant and the Respondent and the latter is provided with the opportunity to file an objection against the PPO within 14 days after receipt of the PPO.

If no objection is filed within this time limit and/or the Respondent fails to pay the applicable handling fee of EUR 1,000.00 for the objection, the BAT (Vice-) President, upon the Claimant’s request, will issue a FPO provided that the relevant requirements are still met (e.g. no payment of the claim in the meantime).

If the Respondent objects and pays the handling fee of EUR 1,000.00 in time, the Claimant and the Respondent will be requested to each pay a share of an advance on costs fixed by the BAT Secretariat in anticipation of a regular BAT arbitration procedure. Once each party has paid its share, the Claimant is required to file a Request for Arbitration and, thereafter, the PPO will lose effect and a regular BAT arbitration shall begin.

Any questions?

The new BAT Rules including the provisions on the POP are available on www.fiba.com/bat/process, both as a clean document and as a marked-up version showing all changes compared to the 2022 edition. In addition, the BAT Secretariat is very happy to answer any questions you may have. Please do not hesitate to contact us by e-mail (This email address is being protected from spambots. You need JavaScript enabled to view it.) or telephone (+49 89 452 44 22 15).

Genius Sports strikes new integrity partnership with Major Basketball League Malaysia

Genius Sports strikes new integrity partnership with Major Basketball League Malaysia

Major Basketball League Malaysia, the top tier of the sport run by the Malaysia Basketball Association, has announced a new integrity partnership with Genius Sports to fight the threat of match-fixing.

As the trusted integrity partner to over 150 sports leagues and federations worldwide including the Indonesian Basketball League, Thailand Basketball Association and Vietnam Basketball Association, Genius Sports will provide Major Basketball League Malaysia with a comprehensive integrity programme to identify, combat and prevent match-fixing.

Genius Sports’ 24/7/365 Bet Monitoring System will use artificial intelligence to analyse global wagering activity on Malaysian basketball, cross-referencing real-time odds movements with proprietary predictive algorithms to automatically flag potentially suspicious activity. Through its global team of expert integrity operators, Genius Sports will thoroughly examine all monitoring data to provide Major Basketball League Malaysia with detailed reports and data-driven analysis.

To provide long-term protection from any threats, Genius Sports will also provide model rules and regulations to provide robust foundations for the league’s new integrity programme. Genius Sports will also deliver expert educational workshops, helping players, officials and coaches to understand how match-fixers operate, where they should report any attempts to manipulate games and the personal and professional consequences for not doing so.

This collaboration between MBL and Genius Sports to safeguard the integrity of our competitions represents a major milestone in the development of Malaysia basketball,” said Frank Ch’ng, Commissioner of MBL. “We’re proud to be working alongside Genius Sports to ensure our games remain transparent, unpredictable and fair.

In the fight against match-fixing, sports must be proactive and invest in measures that both identify existing threats and provide long-term protection,” said Stephen Thurley, Head of Integrity Partnerships at Genius Sports. “We’re pleased to be working in partnership with Major Basketball League Malaysia, building a robust integrity programme that combines model rules and regulations with 24/7 monitoring and education services.”

Brazil’s National Basketball League extends official data & integrity partnership with Genius Sports

Brazil’s National Basketball League extends official data & integrity partnership with Genius Sports

Brazil’s National Basketball League (“LNB”) and Genius Sports have struck a long-term extension of their exclusive official data and integrity partnership ahead of the new season, starting on October 21.

As the trusted partner to over 200 basketball leagues and federations globally, Genius Sports will provide FIBA LiveStats across all LNB competitions, capturing and distributing official, play-by-play statistics to power in-stadia scoreboards, league and team social media channels and other fan-facing digital platforms. This official live game data feed is integral to all LNB live broadcasts and is also distributed to sportsbooks worldwide to power real-time betting markets. 

This key strategic business partnership between Genius Sports and the National Basketball League (LNB) helps us achieve a range of commercial goals. Both companies have an innovative DNA and Genius Sports' technological solutions enable the LNB’s live game data to be used by our technical teams and enjoyed by our fans with speed and accuracy. Likewise, Genius guarantees the secure distribution of information to those who like to have fun betting on basketball games”, says Rodrigo Franco Montoro, president of the National Basketball League.

Crucially, Genius Sports will also continue to safeguard the LNB from the threats of match-fixing and betting-related corruption. Since 2016, Genius Sports has provided LNB with educational services and its 24/7 bet monitoring system which analyses global betting odds movements on Brazilian basketball and provides specialist technology to detect suspicious betting activity. In March 2023, LNB became the first league to join the Associação Brasileira de Defesa da Integridade do Esporte’s (“ABRADIE”), the primary Brazilian integrity coalition founded by Genius Sports alongside Entain, Rei do Pitaco, and Bichara e Motta Advogados

As one of the largest basketball leagues in Latin America, we’re delighted to extend our partnership with LNB,” said Guilherme Buso, Senior Account Executive at Genius Sports. “Whilst continuing to help the LNB fight betting-related corruption head on, our technology will equip all LNB competitions with fast, accurate and official data to power their interactions with fans, broadcasters and sportsbooks on a global scale.”

Sanction: Basketball

Sanction: Basketball

Commission on preliminary consideration of anti-doping rules violations of RAA RUSADA rendered the decision that made athlete Kurbanov Nikita (basketball) ineligible for 3 months for violation under cl. 4.1 of the All-Russian Anti-Doping Rules, starting on the date of the decision, namely on January 10, 2024, with credit for the served period of provisional suspension, namely from October 20, 2023.

Gender equality key for FIBA Commissions and Working Groups appointments for 2023-2027 cycle

FIBA has revealed its Commissions and Working Groups for the 2023-27 term following the first meeting of the newly elected Central Board. 

Having assembled on the eve of the recent FIBA Basketball World Cup 2023 Final in Manila, Philippines, the Central Board has confirmed all appointments, with a strong emphasis on working towards gender equality, which has delivered a number of important milestones. 

As per the amendments to the FIBA General Statutes enacted by the FIBA Mid-Term Congress in 2021, the requirement to have at least 30 percent representation of both genders in each Commission has been implemented. In fact, the Central Board has appointed 35 percent of women across all FIBA Commissions.

For the first time, three out of seven FIBA Commissions are Chaired by a woman, and in two of the other four Commissions, the Deputy Chair is a woman. It will also be the first time the FIBA Appeals Panel is Chaired by a woman.  

Meanwhile, the Central Board has appointed three women to the FIBA Foundation Board for the first time, including FIBA Hall of Famer Michelle Timms. Additionally, one of the two FIBA Foundation Advisory Committees is Chaired by a woman.

The majority of the women appointed as FIBA Commission members are either holding the office of President or Secretary General in their respective National Federations or they have attended one of FIBA’s dedicated programs designed as part of the 'Women in Basketball' strategic priority, such as the FIBA Adelante, the FIBA WiLEAD, the FIBA Africa Women’s Seminar and the FIBA TIME-OUT program.

This includes newly co-opted FIBA Central Board member Sonja Vasic, whose experience and success will be a welcome addition to the Players’ Commission. The Serbian legend boasts two FIBA Women's EuroBasket titles and was MVP at the 2021 edition, as well as leading her country to other historic highs, such as a first Olympic appearance and maiden medal at Rio 2016, and also being a flag bearer at the Tokyo 2020 Games.

Notably, there is a second term for another playing legend in Dirk Nowitzki, who will continue to be Chair of the Players' Commission. Sonja Vasic will serve as Deputy Chair.  

To enhance global representation, the Central Board has decided that all five regions of FIBA are represented through a Chair or a Deputy Chair of a FIBA Commission.

FIBA Technical Commission
Chair of Commission - Ms. Eleonora Rangelova (BUL) 
Deputy Chair of Commission - Mr. Patrick Hunt (AUS)
List of Commission members here.  

FIBA Legal Commission 
Chair of Commission - Ms. Erika Dy (PHI)
Deputy Chair of Commission - Mr. Yum Ramos Perales (PUR)
List of Commission members here.  

FIBA Players' Commission 
Chair of Commission - Mr. Dirk Nowitzki (GER)
Deputy Chair of Commission - Ms. Sonja Vasic (SRB)
List of Commission members here.  

FIBA Finance Commission 
Chair of Commission - Mr. Ingo Weiss (GER)
Deputy Chair of Commission - Mr. Erick Thohir (INA)
List of Commission members here.  

FIBA Medical Commission
Chair of Commission - Dr. Peter Harcourt (AUS)
Deputy Chair of Commission - Dr. Souheil Sayegh (SUI)
List of Commission members here.  

FIBA 3x3 Commission
Chair of Commission - Ms. Carmen Tocala (ROU)
Deputy Chair of Commission - Mr. Ambrose Tashobya (UGA)
List of Commission members here.  

The FIBA Competitions Commission is chaired by Mr. Edgar Sneps (LAT) and divided across four groups, each led by a Deputy Chair:

FIBA Competitions Commission – Men's National Teams 
Deputy Chair - Mr. Jim Tooley (USA)

FIBA Competitions Commission – Women's National Teams
Deputy Chair - Ms. Pascale Mugwaneza (RWA) 

FIBA Competitions Commission – Youth National Teams
Deputy Chair - Mr. Peter Bodnar (HUN)

FIBA Competitions Commission – Club Competitions
Deputy Chair - Mr. Serhan Antalyali (TUR) 

The full list of the FIBA Competitions Commission members is here.

The Working Group on Empower National Federations will be chaired by Mr. Fabian Borro (ARG), with Deputy Chair in charge of FIBA PLUS Mr. Jean-Michel Ramaroson (MAD) and Deputy Chair in charge of FIBA Academy Ms. Carol Callan (USA). The Working Group on Masters Basketball will be chaired by Mr. Asterios Zois (GRE) with Deputy Chair Mr. Ned Cotten (AUS), while the Working Group on eFIBA will be chaired by Mr. Al Panlilio (PHI) with Deputy Chair Mr. Athos Antoniou (CYP).

As President of the Basketball Arbitral Tribunal, the Central Board has re-appointed Prof. Ulrich Haas (GER) and as Vice-President Mr. Raj Parker. The FIBA Appeal's Panel Chair is Ms. Diana Tesic (SRB/CAN) and the Deputy Chair is Mr. Marek Palus (POL). New members of the FIBA Ethics Panel were also elected at the recent FIBA Congress and the panel will be chaired by Mr. Scott Derwin (AUS). The FIBA Safeguarding Council is chaired by HRH Prince Feisal Al Hussein (JOR). 

The list of the FIBA Judicial and Other Bodies members is here.

Basketballer Receives Sanction

Basketballer Receives Sanction

Sport Integrity Australia acknowledges the decision of Basketball Australia to impose a one-month ban on Tahjere McCall for the Presence of a metabolite of a Prohibited Substance.

Mr McCall, an American professional basketball player who is contracted to the Cairns Taipans in the National Basketball League (NBL), returned an Adverse Analytical Finding (AAF) from an In-Competition doping control test on 3 February 2023 at the Perth v Cairns game at RAC Arena, Perth, Western Australia.

Mr McCall’s sample was analysed at the Australian Sports Drug Testing Laboratory, part of the National Measurement Institute, and the presence of 11-nor-delta-9-tetrahydrocannabinol-9-carboxylic acid (metabolite of Tetrahydrocannabinol (THC)) was detected.

The substance THC is listed under class S8 (Cannabinoids) and is classified as a Specified Substance under the World Anti-Doping Code – International Standard – Prohibited List – 2023 (2023 Prohibited List) and is prohibited In-Competition. THC is also classified as a ‘Substance of Abuse’ under the 2023 Prohibited List.

As of 1 January 2021, under Article 10.2.4.1 of the Australian National Anti-Doping Policy 2021 (ANADP), if an Athlete tests positive to a 'Substance of Abuse’ (such as Marijuana or Cocaine), then the Athlete’s period of Ineligibility may be reduced to three months if the Athlete is able to prove that the substance was ingested or Used Out-of-Competition and was unrelated to sport performance.

In addition, the Athlete’s period of Ineligibility calculated under Article 10.2.4.1 of the ANADP may be further reduced to one month if the Athlete satisfactorily completes a Substance of Abuse treatment program approved by Sport Integrity Australia.

In Mr McCall’s case, all requirements for a reduction in the period of Ineligibility under Article 10.2.4.1 of the ANADP were satisfied.

Basketball Australia thereby imposed a one-month period of Ineligibility on Mr McCall, commencing on 21 June 2023.

Mr McCall was ineligible to participate in any sports that have adopted a World Anti-Doping Code compliant anti-doping policy until 21 July 2023.

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