How BAT Ruled On A Player Contract Affected By Russia Ukraine War (Brantley v Basketball Club UNICS)

Friday, 13 January 2023 Author: Alexander Engelhard, Maike Herrlein

In this article, the authors assess the recent decision of the Basketball Arbitral Tribunal (BAT) in the case of American player Jarrell Isaiah Brantley against the Russian Basketball Club UNICS.1

The Award is of note as it is one of the first decisions by an international sports arbitral tribunal regarding a professional player contract affected by the 2022 Russian invasion of Ukraine. As such, the decision could serve as a reference for pending cases in the same context before the BAT, the Court of Arbitration for Sport (CAS) and other sports arbitral tribunals.

The authors briefly describe the background of the case and summarize the decision of the Sole Arbitrator. In the subsequent analysis, the authors share their key-takeaways, which may be considered in similar cases in the future.

This article discusses:

The factual background of the case
The proceeding before the BAT
Decision of the BAT
- The legality of the termination
- The Player’s damage compensation claim
The Sole Arbitrator’s decision in the context of previous and future jurisprudence
Key takeaways

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Tags: Basketball | Basketball Arbitration Tribunal (BAT) | Contract Law | Court of Arbitration for Sport (CAS) | Dispute Resolution | Football | Force Majeure | Russia | Sports | Ukraine | United States of America (USA)

Written by

Alexander Engelhard

Alexander Engelhard is a dispute resolution and commercial lawyer advocating before state courts and arbitral tribunals, especially in the sport, media and entertainment industry. He also acts as arbitrator and mediator. In addition, he advises clients on the drafting of contracts, rules and regulations.

He is a member of various arbitration and sports law-related organisations. He is also a lecturer at the University of Frankfurt for German and international arbitration, as well as on dispute resolution in national and international sport.

JUVE Handbook 2018/2019: highly recommended lawyer for dispute resolution.

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Maike Herrlein

Maike Herrlein is an associate at Arnecke Sibeth Dabelstein working particularly on legal issues in sports. She holds a law degree from the University of Freiburg and a Master of Laws in sports law from the University of Bayreuth. During her Master's studies, Maike focused on competition law, data protection law and human rights issues in sports. In addition to her legal education, Maike holds a coaching license in swimming and has worked as a successful youth coach in the past.