0182 Vucinic, EnterSport vs. BC Kalev_Cramo

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ARBITRAL AWARD

(BAT 0182/11)

by the
BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Klaus Reichert SC

in the arbitration proceedings between

Mr. Nenad Vucinic

-Claimant 1 –

EnterSport Management Inc.

128 Heather Drive, New Canaan CT 06840, USA

-Claimant 2 –

Both represented by Mr. Andrea Raffaelli, Attorney-at-law Raffaelli Segreti Studio Legale, Via Marco De Marchi 2, 20121 Milan, Italy

vs.

Korvpalliklubi BC Kalev Cramo

Paldiski mnt 108, 13522 Tallinn, Estonia

-Respondent –

Represented by Mr. Janno Kuusk, Attorney-at-law Law Office Seppik & Sirel, Scala City, Tartu mnt 43, 10128 Tallinn, Estonia

AWARD

Upon providing both parties with an opportunity to be heard, having ascertained his jurisdiction and considered the factual and legal arguments as well as the requests for relief submitted in this case, the Arbitrator decides as follows:

Korvpalliklubi BC Kalev Cramo is ordered to pay to Mr. Nenad Vucinic outstanding salaries and bonus in the amount of EUR 17,000.00.

Korvpalliklubi BC Kalev Cramo is ordered to pay to EnterSport Management Inc. outstanding agent fees in the amount of EUR 10,500.00.

Korvpalliklubi BC Kalev Cramo is ordered to pay to Mr. Nenad Vucinic interest of 5% per annum on the amount of EUR 2,000.00 since 31 January 2010, on the amount of EUR 3,500.00 since 1 February 2010 and on the amount of EUR 11,500.00 since 31 May 2010.

Korvpalliklubi BC Kalev Cramo is ordered to pay to EnterSport Management Inc. interest of 5% per annum on the amount of EUR 3,500.00 since 31 January 2010 and on the amount of EUR 7,000.00 since 31 March 2010.

Korvpalliklubi BC Kalev Cramo is ordered to pay to Mr. Nenad Vucinic and EnterSport Management Inc. the amount of EUR 6,000.00 as a contribution towards their legal costs and expenses. Korvpalliklubi BC Kalev Cramo shall bear its own legal costs and expenses.

The costs of this arbitration until the present Award, which were determined by the President of the BAT to be in the amount of EUR 3,050.00 shall be borne by Korvpalliklubi BC Kalev Cramo alone. Accordingly, Korvpalliklubi BC Kalev Cramo shall pay to Mr. Nenad Vucinic and EnterSport Management Inc. EUR 3,050.00 The balance of the Advance on Costs, in the amount of EUR 1,986.59 will be reimbursed to Mr. Nenad Vucinic and EnterSport Management Inc. by the BAT.

Any arbitration costs associated with a Request for Reasons (see attached

Arbitral Award (BAT 0182/11)

Notice) shall be advanced and borne by the requesting party.

8. Any other or further requests for relief are dismissed.

Geneva, seat of the arbitration, 6 October 2011

Klaus Reichert SC (Arbitrator)

Arbitral Award (BAT 0182/11)

Notice about Request for Reasons

in accordance with Article 16.2 of the BAT Rules:

“By agreeing to submit their dispute to arbitration under these Rules, the Parties agree that, where the value of the dispute does not exceed EUR 30,000, the Arbitrator will issue an award without reasons. The Arbitrator shall deliver reasons only in the case where a party

a) files a request to that effect at any stage from when the Request for Arbitration is filed until no later than ten (10) days after the notification of the award without reasons; and

b) pays the respective advance on costs as determined and within the time limit set by the BAT Secretariat.”

On 16 May 2011 the BAT Secretariat informed the Parties that the amount of the advance on costs to be paid for a reasoned award in this case is EUR 5,000. The time limit for payment thereof shall be set by the BAT Secretariat upon receipt of the Request for Reasons, if any.

Arbitral Award (BAT 0182/11)