BAT Guidelines for Settlement Agreements

Basketball Arbitral Tribunal Guidelines for Settlement Agreements, current edition.

Subject matterSettlement agreement for incorporation into a consent award
BasisArticle 16.7 of the BAT Rules
StatusCurrent edition

What these guidelines determine

If the parties to a BAT case reach a settlement after the arbitrator has been appointed, they may request that the settlement be recorded in the form of a consent award. In that case they must provide the Tribunal with a copy of their agreement, since that agreement is the basis on which the award is drafted. These guidelines — drawn up on the basis of experience in earlier cases — determine what information the agreement must contain in order for the arbitrator to be able to draft the award.

Why this document matters in practice

  1. The difference between a plain settlement and an awardA settlement recorded in the form of an award acquires the status of an enforceable title, and its enforcement differs from that of a private agreement. It is precisely this difference that makes a request for a consent award worthwhile.
  2. A deficient agreement prevents the award from being issuedIf the agreement does not contain the necessary information, the arbitrator cannot draw up the award; the guidelines were written precisely to prevent such a delay.
  3. Based on case experienceThe text states expressly that the list of required information has been drawn up on the basis of experience in past cases.

Who this document matters to

For counsel who reach settlement negotiations in the course of a BAT case. Before signing the agreement, it must be checked that the text contains everything these guidelines require — otherwise the route to converting it into an award is halted.