DOLGUN ACADEMY | SPORTS LAW RESEARCH

BAT Payment Order Procedure 2026: How to Recover Basketball Debts of Up to EUR 25,000

Murat Can Dolgun, Attorney at Law
Dolgun Academy – TD Law Firm
29 October 2026

The 2026 Arbitration Rules of the Basketball Arbitral Tribunal (BAT), effective from 1 January 2026, introduced important changes to the recovery of contractual monetary claims involving professional basketball players, coaches, agents and clubs. The principal-claim threshold for the Payment Order Procedure (POP) increased from EUR 15,000 to EUR 25,000. The procedure also became available against individual respondents, including players, coaches and agents, subject to the other requirements of Article 19.[1][2]

For a player owed several salary instalments by a Turkish club, this development may create an additional contractual dispute-resolution route. Its practical value depends on the arbitration agreement, the evidence establishing the debt, procedural deadlines, the costs of a possible objection and the enforceability of the resulting order.

This analysis examines BAT jurisdiction, the 2026 amendments, the payment order application, the 14-day objection period, the transition to ordinary arbitration, FIBA sanctions and enforcement of foreign arbitral awards in Türkiye, with illustrations relevant to international basketball contracts.

1. What Is the Basketball Arbitral Tribunal (BAT)?

The Basketball Arbitral Tribunal is an independent arbitral institution officially recognised by FIBA. Established in 2006 under the name FIBA Arbitral Tribunal (FAT), it provides a specialised framework for resolving contractual disputes in professional basketball. Claims may arise between players, clubs, coaches and agents, provided there is a valid arbitration agreement covering the dispute.[1][3]

The seat of BAT arbitration is Geneva, Switzerland. In ordinary proceedings, a sole arbitrator appointed by the BAT President decides the dispute. Article 15.1 of the BAT Rules provides for a decision ex aequo et bono, based on general considerations of justice and fairness, unless the parties expressly and specifically agree otherwise.

BAT jurisdiction ordinarily follows from a written agreement to arbitrate. The international nature of a contract, a player’s citizenship or the fact that one contracting party is a Turkish basketball club does not independently establish BAT jurisdiction. The applicable mandatory rules and the arbitrability of the dispute may also require examination.

For disputes involving a Turkish club, the relationship between BAT arbitration, any competent national forum and Turkish Basketball Federation procedures must be determined by the contract and the relevant regulatory framework.

2. BAT Arbitration Rules 2026: The Main Amendments

Article 19 governs the Payment Order Procedure. The BAT’s official information notice identifies two significant extensions of the procedure in 2026: a higher monetary ceiling and the possibility of proceeding against an individual respondent.[2]

The EUR 25,000 ceiling applies to the principal amount claimed. Article 19.2.1 expressly excludes interest and late-payment penalties from this calculation. For instance, an eligible EUR 24,000 principal claim may be accompanied by a properly substantiated claim for contractual interest. The legal basis and amount of the additional claim remain subject to examination.

When payment is claimed in another currency, the exchange rate applicable to the principal threshold is determined by reference to the date of filing of the Payment Order Request.

Article 19.3.1 also allows the BAT President to scrutinise the claim for abusive use of POP. Deliberate fragmentation of a larger debt may create procedural and substantive risks, including questions concerning waiver and the scope of the claim subsequently pursued.

3. The Legal Requirements for a BAT Payment Order Request

3.1. Express Agreement to the Payment Order Procedure

Article 19.2.1 requires an agreement between the parties specifically covering the Payment Order Procedure and the claim concerned. A conventional clause referring disputes to BAT arbitration should therefore be examined for the additional consent required for POP.

BAT publishes an official model clause for parties who wish to permit both ordinary arbitration and payment order proceedings under Article 0.3 of the 2026 Rules. The validity and scope of any subsequent agreement must be assessed in the circumstances of the particular contract.[1]

3.2. A Monetary Claim

Eligible claims may include outstanding salaries, due contractual bonuses, agreed agent commissions and certain repayment obligations. Their enforceability depends on the contract and the applicable legal framework. Requests seeking sporting registration, transfer clearance or a declaration of contractual status fall outside the monetary scope of POP.

3.3. Principal Amount of No More Than EUR 25,000

The principal amount must satisfy the threshold at the time of filing. Although Article 19.3.1 regulates the amount that may be granted where a higher principal is requested, counsel should also consider the express Article 19.2.1 requirements, the prohibition of abuse and any potential consequences of pursuing only part of a larger claim.

3.4. One Claimant and One Respondent

A single claimant may submit a Payment Order Request against a single respondent. Several players asserting separate claims against a club cannot simply combine those claims into one POP application. The ordinary BAT procedure has its own framework for multiple parties and consolidation.

3.5. Claims Must Arise from an Appropriate Legal Relationship

POP does not permit the aggregation of multiple claims derived from different legal relationships. Several unpaid salary instalments under one contract may be considered together, whereas a player’s salary debt and an agent’s debt arising from a separate representation agreement require an independent examination.

4. What Documents Are Required to Support the Claim?

The application should allow the BAT President to identify the contracting parties, the arbitration agreement, the sum due and the source of the respondent’s alleged obligation. Useful documents include the signed player or coaching agreement, amendments, remuneration schedule, payment confirmations, bank statements, relevant invoices, written demands for payment and correspondence acknowledging outstanding instalments.

Particular care should be taken with net and gross remuneration, tax allocation, signing bonuses, performance-related payments, accommodation allowances and partial payments. The sporting name of a Turkish club may differ from the legal entity that signed the contract. Identifying the proper debtor is essential.

English is BAT’s working language. Article 4.2 provides that documents submitted in another language must be accompanied by a certified English translation unless the arbitrator decides otherwise.

The model clauses and the 2026 Rules also address communications to designated email addresses, which can be important when assessing proper notice and the right to be heard.[1][2]

5. How to File a BAT Payment Order Request

Step 1 – Verify jurisdiction and eligibility. Examine the written BAT agreement, express consent to Article 19, the amount and nature of the principal debt, the number of parties and the source of the claim.

Step 2 – Prepare and submit the Payment Order Request (POR). Article 19.2.2 provides for filing through BAT’s official online platform. The information and supporting documents specified by the platform must be supplied. The official BAT process page contains the filing guidance.[1][4]

Step 3 – Pay the EUR 1,000 processing fee. Under Article 19.2.3, the claimant pays a non-reimbursable processing fee. If payment is not completed within a final deadline set by the BAT Secretariat, the POR is deemed withdrawn.

Step 4 – Preliminary examination by the BAT President. The President reviews compliance with Article 19.2, public policy compatibility and potential abuse of the procedure. Additional information may be requested.

Step 5 – Provisional Payment Order. If the applicable requirements are satisfied, the BAT President issues a Provisional Payment Order to the extent authorised by the Rules. A refusal to issue the provisional order terminates the POP proceedings and is not subject to appeal under Article 19.3.3. The claimant may still pursue an ordinary Request for Arbitration for the same claim, subject to jurisdiction and other requirements.

Step 6 – Objection by the respondent. The respondent may object within 14 days following receipt of the provisional order and must pay the prescribed EUR 1,000 handling fee within that same period. Both procedural acts matter.[1]

6. What Happens if the Respondent Does Not Object?

Article 19.4.1 provides for issuance of a Final Payment Order upon the claimant’s request where the respondent fails to object in time or fails to pay the handling fee within the prescribed period, provided the BAT President is satisfied that the applicable requirements are met.

Where a partial payment has been made after the provisional order, the claimant may request partial confirmation reflecting the outstanding balance.

If the claimant confirms that no final order is sought, or fails to request one within a final deadline established by the Secretariat, the Payment Order Request is deemed withdrawn and the provisional order loses effect.

Article 19.4.4 states that a Final Payment Order has the effects of a final and binding arbitral award between the parties. Its practical recovery value must be considered alongside the rules for enforcement in the jurisdiction where the debtor’s assets are located.

7. Objections and the Transition to Ordinary BAT Arbitration

A respondent who submits a timely objection and pays the required handling fee proceeds to the advance-on-costs stage under Article 19.5.

The BAT Secretariat sets the applicable advance. The parties’ compliance with their payment obligations determines the further procedural route.

Where ordinary arbitration commences in accordance with Article 19.5.5, the commencement date is deemed to be the date on which the BAT Secretariat received the original Payment Order Request. The effect of this rule on any limitation period should be analysed by reference to the relevant governing law.

The ordinary proceedings are then governed by Articles 1 to 18 of the BAT Rules, including provisions on the statement of claim, defence, evidence, costs and arbitral awards.

8. Costs of the Payment Order Procedure

The claimant must pay a EUR 1,000 non-reimbursable processing fee. A respondent wishing to object must submit the objection and pay a EUR 1,000 handling fee within the prescribed period, subject to the specific refund arrangements in Article 19.5.

For the provisional order stage, Article 19.3.1 limits the contribution towards a claimant’s legal fees and other expenses, excluding the processing fee, to EUR 1,000.

The costs of ordinary arbitration after a valid objection may be substantially different, including an advance on costs and other fees under the applicable provisions.

A EUR 1,000 filing fee represents 25% of a EUR 4,000 principal claim. The same fee is proportionately smaller for a EUR 24,000 principal claim.

Before commencing the procedure, the creditor should examine the available evidence, the debtor’s assets, the risk of objection and the likely cost of enforcement.

The general BAT fee schedule under Article 17.1 should be read separately from the special POP rules. In ordinary arbitration, the final allocation of costs and any contribution towards reasonable legal fees are determined under Articles 17.2 to 17.4.[1]

9. Six Examples Involving Players, Clubs and Agents

Example 1 – EUR 21,000 in Unpaid Salary Owed by a Turkish Club

A foreign basketball player has two unpaid salary instalments under one contract with a Turkish club. The agreement contains an effective BAT-POP clause. Subject to the other Article 19 conditions, the player may submit a Payment Order Request. The player’s foreign citizenship is not itself a condition for POP.

Example 2 – EUR 22,000 in Agent Commission

An agent claims a due commission from an individual player under a single representation agreement. The 2026 extension to individual respondents may permit POP, provided that the agreement covers this procedure and the commission is legally recoverable.

Example 3 – EUR 18,000 in Principal Plus EUR 5,000 in Interest

The principal amount is within the EUR 25,000 ceiling. Interest is excluded from the principal threshold, although the claim for interest must remain properly documented and legally supportable.

Example 4 – EUR 33,000 in Outstanding Player Salary

The claimed principal exceeds the Article 19.2.1 threshold. The claimant should examine ordinary BAT arbitration or another competent forum. Any proposal to claim only part of the debt warrants a careful examination of potential procedural and substantive consequences.

Example 5 – General BAT Clause Without Express POP Consent

The player is owed EUR 9,000, but the contract refers only to ordinary BAT arbitration. The Article 19 consent requirement has to be separately established, including whether there is any subsequent valid agreement authorising POP.

Example 6 – Club Claim Against an Individual Player

A club seeks EUR 12,000 pursuant to a contractual repayment provision signed by a player. Individual respondents are covered by the 2026 procedure.

The club must nevertheless establish a valid POP agreement, a monetary debt and the remaining procedural conditions. Any disputed penalty or repayment provision requires its own substantive analysis.

10. Legal Effect and Enforcement of a Final Payment Order

A Final Payment Order has the effects of a final and binding arbitral award between the parties under Article 19.4.4. This status is relevant to international enforcement and any applicable FIBA compliance mechanisms.

Where the debtor fails to comply, a creditor may examine two distinct routes.

FIBA Sporting Measures: A request for sporting sanctions may be available under the applicable FIBA Internal Regulations. Depending on the debtor and the relevant requirements, such measures can include restrictions on the registration of new players by a club or other sanctions contemplated by FIBA rules. A separate request and regulatory assessment are required.[3][5]

Enforcement Against Assets: Where the debtor holds attachable assets in Türkiye, the creditor must examine the recognition and enforcement of a foreign arbitral award under the applicable legal regime.

Sporting measures and execution against assets serve different legal purposes and involve different authorities.

11. Enforcement of BAT Awards in Türkiye

Because BAT proceedings are seated in Geneva, Switzerland, a final BAT award presented for enforcement in Türkiye raises questions concerning foreign arbitral awards.

The principal instruments are the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and Turkish Law No. 5718 on Private International Law and International Civil Procedure (MÖHUK), Articles 60 to 63.[6][7]

Türkiye applies the New York Convention subject to reciprocity and commercial-relationship reservations. The characterisation of the underlying basketball contract therefore matters. The Convention’s applicability and the residual role of Law No. 5718 must be examined in each case.

Under Article 60(1) of Law No. 5718, foreign arbitral awards that are final and enforceable, or binding on the parties, may be enforced in Türkiye.

The competent court examines the applicable statutory or treaty-based requirements. Relevant grounds may concern the validity and scope of the arbitration agreement, proper notice, the right to be heard, arbitrability, public policy and the award’s binding effect.

In a POP case, evidence that the parties specifically agreed to Article 19 and that the respondent received proper notice and had the prescribed opportunity to object may be particularly important.

The classification of a Final Payment Order under the BAT Rules is a significant starting point for the enforcement analysis; the Turkish court retains its statutory role in examining enforceability.

The court’s review is restricted to the applicable recognition and enforcement framework. Reconsideration of the contractual merits is generally outside the permissible scope of such proceedings. Where provided by the governing framework, issues such as public policy and arbitrability may be examined by the court of its own motion.

12. Which Turkish Court Has Jurisdiction?

Article 60(2) of Law No. 5718 provides that enforcement may be sought before the court of first instance at a place agreed by the parties in writing.

In the absence of such an agreement, territorial jurisdiction follows the debtor’s domicile in Türkiye, then the place where the debtor resides, and finally the location of property capable of being subjected to enforcement.

Whether the case falls within the subject-matter jurisdiction of the Asliye Hukuk Mahkemesi (Civil Court of First Instance) or the Asliye Ticaret Mahkemesi (Commercial Court of First Instance) requires consideration of the nature of the underlying dispute and the applicable Turkish procedural law.

Article 61 of Law No. 5718 addresses the documents accompanying an application for enforcement, including the arbitration agreement, the binding or enforceable award and the duly certified translations required by law.

The documentary requirements and refusal grounds under Articles IV and V of the New York Convention must also be considered where that Convention governs.

Once an enforcement order has been obtained, any compulsory execution against assets proceeds under the applicable Turkish enforcement and bankruptcy legislation.

13. Drafting Basketball Contracts: Key Issues to Address

When drafting a professional basketball agreement, the dispute-resolution clause should clearly identify the intended BAT procedure.

The model clause in Article 0.3 of the 2026 Rules is a relevant official reference for contracts that permit both ordinary arbitration and POP.[1]

The agreement should accurately identify each legal party and its authorised signatories, designate reliable notification email addresses, specify the payment currency and due dates, and define the treatment of taxes, bonuses, advance payments and any other remuneration.

Parties should also examine the scope of any interest or penalty provision, applicable mandatory law, any restrictions associated with the legal nature of the player’s services and the enforceability of the arbitration clause.

Clear drafting can materially reduce later disputes about jurisdiction and the amount due.

14. Frequently Asked Questions

Must a basketball player be foreign to use BAT POP?
Nationality does not by itself determine access to POP. The written arbitration agreement, express consent to the procedure and other Article 19 conditions are decisive.

Does the EUR 25,000 ceiling include interest?
Interest and late-payment penalties are excluded from the principal threshold. Their legal basis and calculation remain subject to examination.

What if the respondent misses the 14-day objection deadline?
The claimant may seek a Final Payment Order, subject to the President’s review and the requirements of Article 19.4.

What if an objection is submitted without the required fee?
Article 19.3.4 provides that the objection is deemed withdrawn if the EUR 1,000 handling fee is not paid within the prescribed period.

Does a valid objection immediately start ordinary BAT arbitration?
The advance-on-costs stage must be completed and the claimant must submit an ordinary Request for Arbitration within the applicable time limit.

Can a Final Payment Order be executed directly against Turkish assets?
The relevant foreign-award enforcement regime and the necessary Turkish judicial proceedings must be examined before compulsory execution.

Will the club immediately face a FIBA registration ban?
FIBA sanctions require the applicable regulatory conditions and a separate procedure.

Do the 2026 Rules apply to contracts signed before 2026?
Article 20.1 states that the Rules apply to Requests for Arbitration and Payment Order Requests received by the Secretariat on or after 1 January 2026. The existence of valid contractual consent to POP must still be established.

15. Conclusion

The 2026 BAT Payment Order Procedure provides a specialised route for defined monetary claims arising within professional basketball.

The increase of the principal threshold to EUR 25,000 and the inclusion of individual respondents extend the range of potential cases. The 14-day objection period and the rules on advances on costs make close attention to procedural requirements indispensable.

For basketball players, coaches, agents and clubs contracting with Turkish or foreign counterparties, a careful assessment should cover the written BAT-POP clause, the existence and maturity of the debt, available documents, applicable time limits, procedural costs and the prospects of recovering assets in the relevant country.

Where Türkiye is the intended place of enforcement, the analysis must also address the New York Convention, Law No. 5718 and the classification of the underlying contractual dispute under Turkish law.

References and Further Reading

[1] Basketball Arbitral Tribunal, BAT Arbitration Rules, effective 1 January 2026, especially Arts. 0.3, 1, 4, 9, 15, 17, 19 and 20. Official rules (PDF).

[2] Basketball Arbitral Tribunal, Information on New BAT Rules, 2026, pp. 1-2. Official information notice (PDF).

[3] FIBA, Basketball Arbitral Tribunal: Institutional Overview and Frequently Asked Questions. FIBA BAT overview.

[4] FIBA, BAT Process, Model Arbitration Clauses and Payment Order Procedure Resources. Official BAT process page.

[5] FIBA, BAT Sanctions, current 2026 materials. Official FIBA sanctions information.

[6] UNCITRAL, Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York, 10 June 1958, especially Arts. I-V. Convention text and information.

[7] Republic of Türkiye, Law No. 5718, Law on Private International Law and International Civil Procedure, particularly Arts. 60-63. Official Turkish legislation portal.