BAT rules war in Ukraine a case of Force Majeure: Jarrell Brantley wins dispute vs. UNICS / News - Basketnews.com

The Basketball Arbitral Tribunal (BAT) ruled in favor of Jarrell Brantley in the dispute he had with UNICS Kazan. The judge decided that the player justifiably left Russia, as the Russian invasion of Ukraine was a case of Force Majeure.

Credit: Imago-Images - Scanpix Credit Imago-Images - Scanpix

UNICS Kazan has been ordered by the Basketball Arbitral Tribunal (BAT) to pay Jarrell Brantley a total amount close to $45,000, ruling that the war in Ukraine constitutes a case of Force Majeure, after the player left Russia last March and never came back.

Jarrell Brantley

Position:PFAge:26Height:201 cmWeight:114 kgBirth place:United States of AmericaProfileNewsStatistics

Brantley joined UNICS in September 2021, and -with the passage of time- grew very dissatisfied with his role on the team. His contract, worth $450,000, was to be paid in nine equal installments.

In January 2022, the player's agent started sending messages to the club's sport director Claudio Coldebella about his client's role, and then about the political escalation between Russia and Ukraine ("Let’s stay in touch regarding all the political stuff that is going on. Hoping this result turns around").

UNICS sport director informed the agent that the situation in Russia was normal and promised further updates ("I will keep you updated when I have more news, so far it looks like we will not have any problem. In Russia everything is normal").

On 14 February 2022, Brantley's agent sent another message to the club’s sports director, proposing the immediate termination of the employment by way of a settlement.

On 27 February 2022, Brantley informed UNICS' management about his decision to leave Russia with his family due to a force majeure situation caused by the war between Russia and Ukraine. Despite the club's President request that he stays with the team, the player left Russia together with his wife and daughter and flew to Charlotte, USA.

Up to that point, UNICS had paid salaries to Brantley in the total amount of $250,000.

On the same day, the U.S. Embassy & Consulates in Russia released recommendations for citizens to not travel toRussia "due to the unprovoked and unjustified attack by Russianmilitary forces in Ukraine."

Almost at the same time, the EuroLeague announced the suspension of Russian teamsfrom participation in the EuroLeague and EuroCup.

But UNICS sent a termination letter to the player, stating a violation of the Internal Disciplinary Rules of the club and citing "groundless unilateral termination of the agreement at the initiative of the player." Hence, the Russian club asked Brantley to return all the money he'd received up to that point ($250,000).

The BAT ruled that Russia's invasion of Ukraine created a force majeure situation under the Player Contract. The club inherently acknowledged the presence of a force majeure situation on 28 February 2022, when its President announced that they would send foreign players home, because "everyone is scared".

Through this official statement, UNICS essentially conceded that the Brantley's safety concerns were for real. In fact, other players in Russia took the same decision as the Player and left the country.

According to the BAT, Brantley's departure from UNICS at the end of February does not constitute "just cause" for any claim, because the Russian club was entitled to refuse the provision of his services under the Force Majeure Clause.

The tribunal also claims that "itappears reasonable and fully plausible that a young American basketball player, whose job is to play basketball and not to cope with diplomatic frictions, let alone military conflicts, feels scared by a situation like the one that unfolded in Russia and the world as of 24 February 2022; a situation unprecedented in his life and the life of most other people who were born after the cold war."

Hence, Brantley's decision to leave Kazan, and – consequently – to cease playing and training, did not constitute a breach of contract. "The club's termination of the Player Contract occurred without just cause and was unlawful," the decision states.

With regards to UNICS, the BAT's decision notes that the club "refused to enter into any discussions about the force majeure circumstances, but left the player out in the rain when he developed and executed the idea of leaving Russia as a result of Russia’s military aggressions against Ukraine."

Consequently, UNICS are ordered to pay Brantley:

$28,571.43 net of taxes in unpaid salaries, plus 5% interest per annum on any outstanding balance from 2 March 2022 until payment in full $5,478.49 as a flight ticket reimbursement, plus 5% interest per annum on any outstanding balance from 20 April 2022 until payment in full, and EUR 7,000 as a contribution towards his legal fees and expenses.

The full details of the case can be found here.

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