Monthly Archives: May 2011

0156 Scariolo v. BC Khimki Moscow

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CONSENT AWARD

(BAT 0156/11)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Raj Parker

in the arbitration proceedings

Mr. Sergio Scariolo,

Calle del Pensamiento, Número 27, Escalera Derecha, 1-4. 28020, Madrid, Spain

-Claimant

vs.

Basketball Club Khimki,

Khimki, Skhodnya District, Nekrasov str. 2, Moscow Region, 141420, Russia

-Respondent

1. Background of the Award by Consent

  1. By Request for Arbitration dated 25 January 2011 the Claimant, through his representative Mr. Feliciano Casanova Guasch, initiated this arbitration against the Respondent (the Claimant and the Respondent shall hereinafter also be collectively referred to as “the Parties”). 
  2. By letter dated 9 February 2011 the Parties were informed by the Basketball Arbitral Tribunal (“BAT”) as follows: 

“This is to confirm that a Request for Arbitration dated 25 January 2011 was filed by Mr. Feliciano Casanova Guasch on behalf of Mr. Sergio Scariolo and received by the FAT on 28 January 2011.

The non-reimbursable handling fee of EUR 5,000 was received in the FAT bank account on 24 January 2011.

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0152 Cabezas v. BC Khimki Moscow

ARBITRAL AWARD

(BAT 0152/10)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Quentin Byrne-Sutton

in the arbitration proceedings between

Mr. Carlos Eduardo Cabezas Jurado

Represented by Mr. Miguel Jesus Maldonado Gonzalez, Avda. Manuel Agustin Heredia n°2, 5°-2, 29001 Mala ga, Spain

-Claimant

vs.

Basketball Club Khimki Moscow, Kirova Str. 27, 141400 Khimki, Moscow Region, Russia

Represented by Mr. Art Koshel, Company lawyer, and Mr. Victor Bychkov, President

-Respondent

Arbitral Award (BAT 0152/10)

2/15 case of an injury or if the Club removes the Player from the team and:

“Should the club desire that the PLAYER departs prior to the scheduled termination of the agreement, such a desire must be given to the player in writing, and is recognized that the fulfillment by the player of such a request by the CLUB in no way relieves the CLUB of any responsibilities for payments called for in this agreement”.

18. Furthermore, the Club alleges that the above condition was not written into the Termination Agreement because

“Whilst Termination Agreement (August 2010) was being prepared, both sides saw it so that it would be very difficult to find some new team for the player before the season of 2010-2011 started, and that was why this condition was not added to the Termination Agreement”.

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0127 Sinica v. Krepsinio Rytas

ARBITRAL AWARD

(BAT 0127/10)

rendered by

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Raj Parker

in the arbitration proceedings

Mr. Justas Sinica -Claimant 1 -UAB “East Players”, S. Žukausko St. 49-92, 09131 Vilnius, Republic of Lithuania -Claimant 2 –

Both represented by Mr. Linas Jakas of ADLEX law firm, Gynėjų St. 16, 01109 Vilnius, Republic of Lithuania. vs.

Viešoji Įstaiga “Krepšinio Rytas”, Ozo St. 14a, 08200 Vilnius, Republic of Lithuania. -Respondent

1. The Parties

1.1 The Claimants

  1. Mr. Justas Sinica (hereinafter “Claimant 1” or the “Player”) is a Lithuanian citizen and a professional basketball player. 
  2. UAB “East Players” (hereinafter “Claimant 2” or the “Agency”) is a basketball agency registered in Lithuania. 
  3. In these proceedings Claimant 1 and Claimant 2 (together “the Claimants”) are represented by Mr. Linas Jakas, attorney at law, ADLEX law firm, Gynėjų St. 16, 01109 Vilnius, Republic of Lithuania. 

1.2 The Respondent

4. Viešoji Įstaiga “Krepšinio Rytas” (hereinafter the “Respondent” or the “Club”) is a Lithuanian basketball club.

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0134 Homan v. Maroussi

ARBITRAL AWARD

(BAT 0134/10)

rendered by

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Raj Parker

in the arbitration proceedings

Mr. Jared Homan -Claimant

vs.

Maroussi B.C.

Kleisto Gumnasthrio Agiou Thoma, Dionisou & Pournara Street, 15124 Maroussi, Greece.

-Respondent

1. The Parties

1.1 The Claimant

1. Jared Homan (hereinafter the “Claimant”) is a professional basketball player and citizen of the USA. He is represented in these proceedings by Messrs. Guillermo López Arana and Mikel Abete Vecino of U1st Sports.

  1. The Respondent 
  2. Maroussi B.C. (hereinafter the “Respondent”) is a Greek basketball club based in Maroussi. The Respondent is represented by Mr. Socrates Lambropoulos, Attorney-at-Law in Athens, Greece. 

2The Arbitrator

  1. On 8 November 2010, the President of the Basketball Arbitral Tribunal (hereinafter the “BAT”) appointed Mr. Raj Parker as arbitrator (hereinafter the “Arbitrator”) pursuant to Article 8.1 of the Rules of the Basketball Arbitral Tribunal (hereinafter the “BAT Rules”). 
  2. By email dated 8 November 2010, the Arbitrator accepted his appointment.
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0138 Ford v. BCFerrara

ARBITRAL AWARD

(BAT 0138/10)

rendered by

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Raj Parker

in the arbitration proceedings between

Mr. Sharrod Ford -Claimant

represented by Messrs Patrick King and Danny Servick, Pro One Sports Management Inc, Holbeinstr. 3, 53175 Bonn, Germany

vs.

Basketball Club Ferrara

Via Piangipane, 1, 44121 Ferrara, Italy

-Respondent

represented by Messrs Massimo Coccia and Mario Vigna, Coccia de Angelis & Associati, Piazza Adriana 15, 00193 Rome, Italy

AWARD

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:

1. Basketball Club Ferrara shall pay to Sharrod Ford an amount of USD 24,334.00, representing the following:

  • unpaid salary payments of USD 26,400.00; less 
  • USD 2,066.00, being the USD equivalent of EUR 1,629.54 (converted at the dates of payment) in respect of certain costs incurred in relation to a rental car. 
  1. Basketball Club Ferrara shall pay to Sharrod Ford interest of 5% p.a.
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0143 Tapoutos v. PAOK

ARBITRAL AWARD

(BAT 0143/10)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Stephan Netzle

in the arbitration proceedings between

Mr. Christos Tapoutos -Claimant

represented by Ms. Gianna Panagopoulou, Katouni 28, 54625 Thessaloniki, Greece

vs.

Basketball Club PAOK KAE

Antoniou Tritsi 12, 55510 Thessaloniki, Greece

-Respondent

1. The Parties

1.1. The Claimants

1Mr. Christos Tapoutos (hereinafter “Player” or “Claimant”) is a professional basketball player of Greek nationality. He is represented by Ms. Gianna Panagopoulou, attorneyat-law in Thessaloniki, Greece.

  1. The Respondent 
  2. Basketball Club PAOK KAE (hereinafter “Club” or “Respondent”) is a professional basketball club located in Thessaloniki, Greece. Respondent is represented by its president, Mr. Miltiades Kanotas, and its legal counsel, Mr. Georgios Dakouras. 

2The Arbitrator

  1. On 11 December 2010, the President of the Basketball Arbitral Tribunal (the “BAT”) appointed Dr. Stephan Netzle as arbitrator (hereinafter the “Arbitrator”) pursuant to Article 8.1 of the Rules of the Basketball Arbitral Tribunal (hereinafter the “BAT Rules”). 
  2. Neither of the Parties has raised objections to the appointment of the Arbitrator or to the declaration of independence rendered by him.
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0148 Dabovic v. BC Athlitikos

ARBITRAL AWARD

(BAT 0148/10)

rendered by

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Stephan Netzle

in the arbitration proceedings between

Ms. Milica Dabovic -Claimant

represented by Mr. Salim Baki, Osmaniye Mah Mine Sk, Emre Konullari A Blok D 26, 34144 Bakirköy-Istanbul, Turkey

vs.

BC Athlitikos Omilos Paleo Faliro

Marina Flisvou, DAK Paleou Falirou, Athens, Greece

-Respondent

1. The Parties

1.1 The Claimant

1Ms. Milica Dabovic (hereinafter “Player” or “Claimant”) is a professional basketball player of Serbian nationality. She is represented by Mr. Salim Baki, attorney-at-law in Turkey and certified FIBA agent, as her counsel.

  1. The Respondent 
  2. BC Athlitikos Omilos Paleo Faliro (hereinafter “Club” or “Respondent”) is a professional basketball club located in Athens, Greece. Respondent is not represented by counsel. 

2. The Arbitrator

  1. On 11 December 2010, the President of the “Basketball Arbitral Tribunal” (the “BAT”) appointed Dr. Stephan Netzle as arbitrator (hereinafter the “Arbitrator”) pursuant to Article 8.1 of the Rules of the Basketball Arbitral Tribunal (hereinafter the “BAT Rules”).
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