Marko Tomas loses arbitration vs. Fenerbahce

Marko Tomas

Croatian player Marko Tomas filed a claim against former club Fenerbahce Ulker Istanbul (Turkey-TBL) at the Basketball Arbitral Tribunal (BAT) for outstanding salaries, bonuses, penalties and interest. The player submits that the team made only partial payments, under his contract. The Turkish club, in its answer, argued that it paid the player, deducted a fine, and that the player’s claim was inadmissible under the principle of Verwirkung. 

“The principle of “Verwirkung” requires two prerequisites: (a) that the creditor has failed during a significant period of time to exercise his right and (b) that the debtor had reasonable grounds to rely on the assumption that the creditor would not avail himself of his right or claim in the future.”

The Arbitrator of the case found that both the first and second elements of Verwirking were established and it is because of this that the Arbitrator dismissed the claim in its entirety.

The Award read as follows:

1. All claims for relief made by Mr. Marko Tomas are dismissed.

2. Mr. Marko Tomas shall pay Fenerbahce Spor Kulübü an amount of EUR 4,740.00 as reimbursement for its share of the arbitration costs.
3. Mr. Marko Tomas shall pay Fenerbahce Spor Kulübü an amount of EUR 1,000.00 as reimbursement for its legal costs.
4. Any other or further requests for relief are dismissed.

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