Galatasaray Spor Kulubu Denergi filed for arbitration at the Basketball Arbitral Tribunal (BAT) against former player David Hawkins (194 cm, Temple’04). The Turkish club claims it suffered damages as a result of the player being banned for four years due to an anti-doping violation. Hawkins answered their claim with the argument that his contract did not provide for damages remedy, but just player termination if the player failed a doping test. David filed his own counterclaim seeking outstanding salaries that were owed to him before he tested positive.
After hearing both parties, arbitrator Annett Rombach partially upheld the claim and upheld the counterclaim in its entirety. She issued the following award:
1. Mr. David Gregory Hawkins is ordered to pay to Galatasaray Spor Kulübü Dernegi USD 424,603.18 net together with interest of 5% p.a. on this amount from 2 April 2013.
2. Galatasaray Spor Kulübü Dernegi is ordered to pay to Mr. David Gregory Hawkins USD 281,666.00 net together with interest of 5% p.a.
– from 21 November 2012 on the amount of USD 65,000.00,
– from 21 December 2012 on the amount of USD 130,000.00,
– from 21 January 2013 on the amount of USD 86,666.00.
3. Mr. David Gregory Hawkins is ordered to pay to Galatasaray Spor Kulübü Dernegi EUR 427.30 as a reimbursement for the arbitration costs advanced by it.
4. Mr. David Gregory Hawkins is ordered to pay to Galatasaray Spor Kulübü Dernegi EUR 2,494.00 as a contribution towards its legal fees and expenses.
5. Any other or further-reaching requests for relief are dismissed.