FIBA’s Approach to Club Succession And BAT Award Enforcement

This article discusses the International Basketball Federation’s (FIBA) regulatory framework in relation to club succession. Club succession refers to when a newly established or restructured basketball club is held to be a successor of a predecessor club and held liable for the debts and obligations of such predecessor club.

It first outlines how the concept of club succession is addressed in FIBA’s regulations, then reviews the relevant case law and practice developed by FIBA and the Court of Arbitration for Sport (CAS), illustrating how these bodies have addressed this issue and under what conditions a new club can be held responsible for the debts or disciplinary sanctions of its predecessor. The final section offers a summary of findings and concluding remarks on the current state of FIBA’s approach and potential areas for further development.

This article looks at:

• FIBA’s Concept of Club Succession
• Overview of FIBA and CAS Decisions Concerning the Club Succession Concept
• BC Cherno More Port Varna And BC Cherno More Ticha
  • FIBA Appeals Panel decision
  • CAS Panel Upholds FIBA’s Decision
• O. Ionikos 1965 K.A.E. and Ionikos Basket K.A.E.
• Multisport Club Trabzonspor and Trabzonspor Basketball Club Association
  • Background
  • FIBA Decision & Appeal
• Key Takeaways
  • Substance over form approach
  • Comparison with football’s approach
  • Practical implications