FIBA Arbitral Tribunal:1608/20 (O'Donnell, Linares v/ Asociacion Deportiva Mexicana de Basquetbol A.C.)

Ivan Deniz

Summary of the Case:

The Spanish Coach, Ivan Deniz (agency: Pro Sports ) O'Donnell, and the Venezuelan Coach, Ronald Guillen Linares, filed a claim against the National Federation, Asociacion Deportiva Mexicana de Basquetbol A.C., for outstanding salaries, penalties and interest. The Claimants submitted that the Respondent failed to honour the terms of the respective contracts by failing to make timely payments. In its Answer, the Respondent argued that the claim should be dismissed because 1) the Claimants stopped fulfilling their obligations, which resulted in the Respondent stopping payment; 2) WhatsApp messages submitted by the Claimant lacked evidentiary value since WhatsApp messages can easily be altered; 3) the Claimants did not comply with the formal requirements of Article 9 of the Contract and 4) the rebus sic stantibus doctrine should be applied due to the COVID-19 pandemic. The claim was upheld.

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Courtesy of: FIBA