Employment agreements for basketball players and legal relations with clubs are characterized by specific features that distinguish them from other sports. In Georgia, basketball is one of the most popular and successful sports, and the Georgian club championship (Superliga) actively attracts both local and foreign players (legionnaires). In basketball, contracts are often short-term (1-2 seasons) and intensive, which increases risks regarding injuries and non-payment of wages. Furthermore, international disputes are resolved in a specific body — the FIBA Basketball Arbitral Tribunal (BAT). Qualified legal assistance is essential to ensure that the basketball player's contract fully complies with FIBA standards and that their financial interests are protected.
What Does the Basketball Player Agreements Service Cover?
Our service focuses on specific legal aspects of basketball:
- Compliance with FIBA Standards: Auditing the contract to ensure it includes FIBA-recommended clauses and does not illegally restrict the player's rights.
- Guaranteed vs. Non-guaranteed Contracts: Determining the type of contract. Clubs often try to insert a clause allowing them to terminate the contract mid-season without compensation.
- FIBA BAT Clause: Correctly drafting the jurisdiction of the FIBA Arbitral Tribunal (BAT) in the contract, which is crucial for obtaining quick and effective justice in case of a dispute.
- Medical Checks and Insurance: Detailed regulation of reimbursement for treatment and rehabilitation costs given the high risk of injuries.
- Letter of Clearance (LOC): Legal assistance in obtaining the Letter of Clearance (LOC) in a timely manner during an international transfer.
Real-World Situations When You Need This Service
The following legal challenges are common in a basketball player's career:
- Injury During the Season: A player suffers a serious injury, and the club tries to terminate the contract or reduce the salary during the rehabilitation period. A lawyer defends the player's right to receive full compensation.
- Unpaid Wages: The club delays salary payments. Preparing a claim for BAT arbitration and imposing sanctions on the club via FIBA (e.g., a ban on registering new players).
- Foreign Legionnaire Status: An American or European player arrives in Georgia. Visa and tax issues need to be resolved (e.g., avoidance of double taxation).
- Agent Commission: Disputes between the agent and the club/player regarding commission payments, which is a frequent source of conflict in basketball.
Georgian Legal Framework
In Georgia, the activities of basketball players are regulated by the "Law of Georgia on Sport" and the "Labor Code". However, priority is given to the regulations of the "Georgian Basketball Federation (GBF)" and FIBA internal regulations. Of particular importance are FIBA's General Statutes and internal regulations regarding transfers. In international contracts, Swiss law (ex aequo et bono principle) within the framework of FIBA BAT is almost always used as the dispute resolution mechanism.
Process: How a Specialist Works
Protecting a basketball player's interests involves:
- Contract Review: Checking the proposed contract against FIBA standards.
- Negotiation: Agreeing on terms with the club (e.g., housing, car, flights for legionnaires).
- Enforcement: In case of a dispute, preparing a lawsuit in FIBA BAT or a local court and monitoring the enforcement of the decision.
Why Legal.ge?
On Legal.ge, you will find lawyers with specific experience in basketball law and successful cases at the FIBA tribunal. Basketball is a dynamic sport and requires a lawyer who understands the rules of the game — both on the court and at the negotiation table.
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