In principle, FIBA – . B vis-à-vis FIFA – opted for a “stay away” approach with regard to basketball contracts. Footnote 10 FIBA IR did not impose the content of the treaties or the choice of the dispute resolution mechanism. On the one hand, players/coaches and clubs can decide relatively freely the form and conditions of their contractual relationship. FIBA proposes only the main points to be dealt with in the employment contract. Footnote 11 On the other hand, what is worth noting – BAT`s competence rests on a totally voluntary agreement. FIBA only sets the recommendation in this regard. Although this approach is quite unique in the world of sport, global sports federations tend to apply arbitration clauses and even certain contractual conditions without the real agreement of stakeholders, which has proven to be very effective. The main reason for this was the broad acceptance of BAT in the basketball market. Despite the vast majority of cases have so far been submitted by players, coaches and their agents,Footnote 13 basketball clubs have also used BAT against negative parties for not complying with contracts.
The Mastermind behind BAT`s idea – Dr Dirk-Reiner Martens – once encapsulated: “This is not a dish designed to help players; it is a court designed to help both parties see compliance with the treaties. Footnote 14 FIBA`s objectives – thanks to the legal practice of MTD – have led to a marked improvement in the credibility of the basketball market. In this regard, FIBA has shown itself to play its leadership role in the field of basketball. If, under the agreement of the parties, the arbitrator is not entitled to rule in a tie and bono, he decides the dispute under the legislation chosen by the parties or, if there is no choice, the legislation which he deems appropriate. The club accepts that this agreement is guaranteed without a conclusion and that the club has no right to suspend or release the player [coach] if the player [coach] does not have sufficient skills or competitiveness or if the player [coach] suffers from injury, illness or death, unless otherwise stated in the agreement. (…) The club undertakes to honour all payment obligations to the player [coach] and the agent, as if the player [coach] had performed in all the matches and had fulfilled all the obligations under that agreement. Footnote 143 As part of the mechanism under discussion – in principle because different combinations are exercisedNote 222 – the player or coach signs a first employment contract with the club, where all of his or her remuneration is indicated in amounts less all taxes and social security costs.