The Basketball Arbitral Tribunal (BAT) has dismissed the arbitration case filed by American basketball player Adam Morrison (203 cm, Gonzaga’06) versus Besiktas JimBenastik Kulubu. Morrison sought arbitration from the BAT for payment of salary installments due him at the end of March 2012. As of April 30, 2012 Morrison exercised his right to terminate his contract triggering his entitlement of USD 90,000 as the remaining amount payable.
The positions of both parties in the arbitration case are as follows:
Player’s claim for relief has changed from when he first filed the Request for Arbitration. The claim he now asserts was articulated on 29 April 2013. He confirms in his submission of that date that he received the following sums from Respondent: USD 25,000.00 on 30 January 2012; USD 55,000.00 on 15 February 2012; USD 10,000.00 on 1 March 2012; and USD 28,385.56 on 20 March 2012. He confirms that the total received from Respondent was USD 118,386.56. This amount, he says, left him short USD 56,613.44 out of his total agreed salary of USD 175,000.00. The basis of his action remains his claim that he was entitled to terminate (and then trigger the entitlement to the balance of his total salary) on 30 April 2012.
Besiktas JK (Respondent)
Respondent submits that it was not in default of its payment obligations to Player at the time when he sought to terminate the Agreement. It further submits that it was Player who breached the Agreement and Respondent has no further obligations to him as a result.
It was the finding of the BAT that the player made claims based on incorrect assertions and that the termination of their agreement was not supported by underlying facts.
Morrison’s claim was dismissed, arbitration costs shall be borne by the player and both parties shall bear their own legal fees and expenses.