0215 Shokuohizadeh vs Shanxi Zhoungyu Basketball Club

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ARBITRAL AWARD

(BAT 0215/11)

by the
BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Stephan Netzle

in the arbitration proceedings between

Mr. Iman Shokuohizadeh -Claimant –

Represented by Mr. Sébastien Ledure, Lorenz International Lawyers, Boulevard du Régent 37-40, 1000 Brussels, Belgium

vs.

Shanxi Zhongyu Basketball Club

Village of West Vancouver, Xiaodian District, Taiyuan, Shanxi Province No. 24 West, 030032 Taiyuan, Shanxi, China

-Respondent –

Represented by Mr. Duan Yue Ping, Jing Jing law firm, 134 North Road, Taiyuan, Shanxi, China

AWARD

Upon providing both parties with an opportunity to be heard and 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:

Shanxi Zhongyu Basketball Club is ordered to pay to Mr. Iman Shokuohizadeh outstanding agent fees in the amount of USD 24,000.00 plus interest of 5% p.a. from 25 October 2010.

Shanxi Zhongyu Basketball Club is ordered to pay to Mr. Iman Shokuohizadeh the amount of EUR 3,260.15 as a contribution towards his legal fees and expenses. Shanxi Zhongyu Basketball Club shall bear its own legal fees 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 5,000.00 shall be borne by Shanxi Zhongyu Basketball Club alone. Accordingly, Shanxi Zhongyu Basketball Club shall pay to Mr. Iman Shokuohizadeh EUR 5,000.00.

Any arbitration costs associated with a Request for Reasons (see attached Notice) shall be advanced by the requesting party.

Any other or further requests for relief are dismissed.

Geneva, seat of the arbitration, 10 February 2012

Stephan Netzle (Arbitrator)

Arbitral Award (BAT 0215/11)

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 26 October 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 6,000.00. 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 0215/11)