Mexican-American basketball player, Chris Hernandez (188 cm, Stanford’06), has been awarded by the Basketball Arbitral Tribunal (BAT) his claim against Mexican team Halcones UV Promotora Deportiva A.C.
In September 14, 2012, Hernandez and Octagon Inc., the company that represents him, filed for arbitration against his former club for outstanding salaries and expenses, late payment penalties and agent fees.
In January 2011, Chris and Halcones entered into an agreement for a “fully guaranteed” USD 240,000 contract, that would be paid to Hernandez in equal installments of USD 10,000 on twenty-four designated dates, equalling a monthly salary for the player of USD 20,000. The Parties agreed to “fines” of USD 100.00 per day if payments were more than five days late.
On November 25, 2011, Chris moved to another Mexican club, the Pioneros, on load from Halcones. The loan agreement had Pioneros paying him USD 16,000. Halcones had agreed to pay Hernandez USD 4,000 monthly so that he would end up receiving his guaranteed USD 20,000. All in all, Chris was not paid the acknowledged sum of USD 43,320.00.
Halcones, the respondents in this arbitration, failed to attend any proceedings or submit any answers to address the claim. The BAT, ruled in Hernandez and his agency’s favor with the following awards:
1. Halcones UV Promotora Deportiva A.C. shall pay Mr. Chris Hernandez USD
52,506.00 net for unpaid salary and expenses.
2. Halcones UV Promotora Deportiva A.C. shall pay Mr. Chris Hernandez USD
10,000.00 for late payment penalties.
3. Halcones UV Promotora Deportiva A.C. shall pay Octagon, Inc. USD
24,000.00 for unpaid agency fees.
4. Halcones UV Promotora Deportiva A.C. shall pay Mr. Chris Hernandez and
Octagon, Inc. EUR 7,460.00 as reimbursement for their arbitration costs.
5. Halcones UV Promotora Deportiva A.C. shall pay EUR 3,750.00 to Mr Chris
Hernandez and EUR 2,500.00 to Octagon, Inc. and EUR 2,000.00 jointly to
Mr. Chris Hernandez and Octagon, Inc. as reimbursement for their legal
fees and expenses.
6. Any other or further-reaching requests for relief are dismissed.