Basketball Arbitral Tribunal - Monroe Jr. v/ BC Khimki – BAT 1710/21

The American Player, Gregory Keith Monroe Jr., filed a claim against the Russian Club, BC Khimki, for outstanding salaries and tax certificates. The Claimant submitted that the Respondent was seeking to cut salaries by acting against its best foreign players, that he had obtained permission to leave Russia from the Respondent’s General Manager and that the Respondent’s alleged termination was without just cause. In its Answer, the Respondent argued that the Claimant did not receive permission from the Respondent to leave Russia, that the Contract was de facto terminated by the Claimant when he failed to perform his obligations, that it followed the proper process of instituting fines before formally terminating the Contract, which it provided properly to the Claimant’s agent. The Respondent also filed a counterclaim in which it claimed compensation for the loss of the Claimant’s performance. In his answer to the counterclaim, the Claimant argued that it was inadmissible because it was filed late and that the Respondent failed to establish a link between the amount of damages requested and the Claimant’s alleged breach of contract. The claim was partially upheld and the counterclaim was dismissed.

Arbitral Award

Wednesday, 24 May 2023