BAT’s COVID-19 guidelines

On April 20, 2020, the BAT issued its COVID 19 guidelines. This unprecedented initiative since the creation of the BAT aims to provide greater legal certainty to the basketball community by presenting some non binding principles which may guide BAT Arbitrators in their assessment of particular cases. Said guidelines do not mention how they are to be interpreted in relation to national legislation, Swiss law and/or social dialogue between e.g. unions, players and coaches’ associations and clubs.

Executive summary

overdue payables or wrongful termination dating back before the crisis -> 100% remains due; 50% remains payable immediately; up to 50% can be shifted to the start of the 2020-2021 season

disputes resulting from the crisis -> concept of fully guaranteed/no-cut contracts abandoned -> “duty to renegotiate in good faith” installed

if amicable solution is reached -> the BAT will respect the outcome -> “pacta sunt servanda”

in default of amicable solution -> the BAT can apply the following: salaries reduced up to 20% for the first €2.5k and by 50% for anything above €2.5k, subject to corrections bonuses no longer apply, unless championship would still be completed amenities (car, housing, meals, health insurance) stay in place, subject to conditions

sporting obligations suspended, unless permitted by public health guidelines <-> non-sporting obligations continue, unless prohibited by public health guidelines

the above expressly applies to players and coaches, no clear wording on agents but same principles would apply