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.
|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:
|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|