Monthly Archives: August 2011

0183 U1st Sports Overseas vs. CB Granada

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ARBITRAL AWARD

(BAT 0183/11)

by the
BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Stephan Netzle

in the arbitration proceedings between

U1st Sports Overseas Ltd.

C/ Maestro Ripoll 9, 28016 Madrid, Spain

-Claimant -Represented by Mr. Guillermo López Arana and Mr. Mikel Abete Vecino, U1st Sports, C/ Maestro Ripoll 9, 28016 Madrid, Spain

vs.

Club Balconcesto Granada S.A.D.

Avda. Salvador Allende, s/n, Estadio Municipal de los Cármenes, 18007 Granada, Spain

-Respondent

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:

Club Balconcesto Granada S.A.D. is ordered to pay to U1st Sports Overseas Ltd. the amount of USD 12,500.00 for outstanding agent fees plus interest of 5% p.a. since 16 September 2010.

Club Balconcesto Granada S.A.D. is ordered to pay to U1st Sports Overseas Ltd. the amount of EUR 3,530.00 as a contribution towards its legal costs and expenses.… Read More

0180 Masiulis, UAB Omega Action vs. CS Universitar Sibiu

ARBITRAL AWARD

(BAT 0180/11)

by the
BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Ulrich Haas

in the arbitration proceedings between

Mr. Arturas Masiulis

-Claimant 1-UAB “Omega Action”

J. Zembulio st. 46, 35239 Panevezys, Lithuania

-Claimant 2 both represented by Mr. Linas Jakas, Adlex law firm, Gynėjų St. 16, 01109 Vilnius, Lithuania

vs.

Clubul Sportiv Universitar Sibiu

Str. Victoriei Nr. 10, Sibiu, Judetul Sibiu, Romania

-Respondent

represented by Mr. Mircea Vulc, Director

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:

Clubul Sportiv Universitar Sibiu is ordered to pay to Mr. Arturas Masiulis compensation in the amount of EUR 13,957.38, net and free of taxes. Furthermore, Clubul Sportiv Universitar Sibiu is ordered to pay to Mr. Arturas Masiulis interest of 5% p.a. on the aforesaid amount since 23 December 2010.

Clubul Sportiv Universitar Sibiu is ordered to pay to UAB “Omega Action” outstanding agency fees in the amount of EUR 1,500.00.… Read More

0176 Greene, Court Side vs. Antalya BBSK

ARBITRAL AWARD

(BAT 0176/11)

by the
BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Stephan Netzle

in the arbitration proceedings between

Mr. Brian Greene

-Claimant 1 -Court Side Mr. Dejan Vidicki, Parkwijklaan 229, 1326 JT Almere, Netherlands

-Claimant 2 –

Both represented by Mr. William W. McCandless Jr., 244 Peters Street #25, Atlanta, GA 30313, USA

vs.

Antalya Buyuksehir Belediyesi Spor Külübü

Ataturk Kapali Spor Salonu Ici-Isiklar Cd., Antalya, Turkey

-Respondent

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:

Antalya Buyuksehir Belediyesi Spor Külübü is ordered to pay to Mr. Brian Greene the amount of EUR 25,220.00 for outstanding salaries and bonuses plus interest of 5% p.a. on the amount of USD 5,000.00 since 2 May 2010, on the amount of USD 27,000.00 from 2 to 30 June 2010, on the amount of USD 22,185.00 from 1 July to 6 September 2010 and on the amount of USD 20,220.00 since 7 September 2010.… Read More

0166 Fox vs. BC Kalev_Cramo

ARBITRAL AWARD

(BAT 0166/11)

by the
BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Raj Parker

in the arbitration proceedings

Mr. Nathaniel Fox, -Claimant

vs.

Basket Club Kalev/Cramo,

Paldiski mnt 104B, 13522 Tallinn, Estonia

-Respondent

1. The Parties

1.1 The Claimant

1. Mr. Nathaniel Fox (hereinafter the “Claimant”) is an American citizen and a professional basketball player. He is represented in these proceedings by Mr. Patrick King of Pro One Sports Management Inc., Holbeinstrasse 3, 53175 Bonn, Germany.

The Respondent

Basket Club Kalev/Cramo (hereinafter the “Respondent”) is an Estonian basketball club. It is represented in these proceedings by Mr. Janno Kuusk, attorney at law, of Seppik & Sirel law firm, Scala City, Tartu mnt 43, 10128 Tallinn, Estonia.

2. The Arbitrator

On 7 April 2011, the President of the Basketball Arbitral Tribunal (the “BAT”) appointed Raj Parker as arbitrator (hereinafter the “Arbitrator”) pursuant to Article 8.1 of the Rules of the Basketball Arbitral Tribunal (hereinafter the “BAT Rules”).

By email dated 8 April 2011, the Arbitrator accepted his appointment.… Read More

0154 Gloger, Bill A. Duffy International vs. Club CB Atapuerca

ARBITRAL AWARD

(BAT 0154/11)

by the
BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Stephan Netzle

in the arbitration proceedings between
Mr. Spencer John Gloger

-Claimant 1
Bill A. Duffy International, Inc.

BDA Sports Management, 507 N Gertruda Avenue, Redondo Beach, CA, 90278, USA

-Claimant 2

Both represented by Mr. José Lasa Azpeitia, attorney-at-law, Laffer Abogados, c/ Almagro 13, 2 D, Madrid, Spain

vs.

Club C.B. Atapuerca

c/ Cascajera (Polideportivo El Plantio), s/n, Burgos, Spain

-Respondent

Represented by Mr. Julián Ruiz Navazo, attorney-at-law, c/ Lain Calvo 25, 2 B, Burgos, Spain
1. The Parties
1.1. The Claimants

Mr. Spencer John Gloger (hereinafter the “Player”) is a professional basketball player of US nationality. He is represented by Mr. José Lasa Azpeitia, attorney-at-law in Madrid, Spain.

Bill A. Duffy International, Inc. (hereinafter the “Agency”) is a management agency. It operates as “BDA Sports Management” and provides services to professional basketball players. The Agency is located in Redondo Beach, CA, USA. Its chairman and CEO is Mr.… Read More

0173 Egnell, Dekeirel vs. SS Pallacanestro Napoli

ARBITRAL AWARD

(BAT 0173/11)

by the
BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Ulrich Haas

in the arbitration proceedings between

Ms Elisabeth Egnell

-Claimant 1 -Mr Sébastien Dekeirel

-Claimant 2

both represented by Mr Sébastien Dekeirel vs.

SS Pallacanestro Napoli

Via Celle – Parco Oriani 17/D, 80078 Pozzuoli, Italy

-Respondent represented by Ms Monica Alpini, Avv., via F. Cavallotti nr 32, 43121 Parma, Italy

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:

SS Pallacanestro Napoli is ordered to pay Ms Elisabeth Egnell the amount of EUR 800 in respect of a partly outstanding salary payment for January 2011.

SS Pallacanestro Napoli is ordered to pay Ms Elisabeth Egnell the amount of EUR 1,900 in penalty fees for the delay in payment of the salary for January 2011.

SS Pallacanestro Napoli is ordered to pay Ms Elisabeth Egnell the amount of EUR 12,000 for outstanding salaries from February until 30 April 2011.… Read More

0159 Kotishevskiy vs. KK Radnicki Kragujevac

ARBITRAL AWARD

(BAT 0159/11)

by the
BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Raj Parker

in the arbitration proceedings between

Mr. Aleksey Kotishevskiy, -Claimant

vs.

KK Radnicki Kragujevac, Grada Sirena 15, 34 000 Kragujevac, Serbia

-Respondent

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:

KK Radnicki Kragujevac shall pay to Aleksey Kotishevskiy an amount of EUR 22,702.00, representing unpaid salary payments;

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 4,000.00 shall be borne by KK Radnicki Kragujevac alone. Accordingly, KK Radnicki Kragujevac shall pay to Aleksey Kotishevskiy EUR 4,000.00.

KK Radnicki Kragujevac is ordered to pay to Aleksey Kotishevskiy the amount of EUR 1,500.00 as a contribution towards his legal fees and expenses. KK Radnicki Kragujevac shall bear its own legal fees and expenses.… Read More

0164 Oriol vs. CB Valladolid

ARBITRAL AWARD

(BAT 0164/11)

by the
BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr Quentin Byrne-Sutton

in the arbitration proceedings between

Mr. Oriol Junyent

Represented by Mr. Guillermo López Arana and Mr. Mikel Abete U1st Sports, c/ Maestro Ripoll 9, E-28006 Madrid, Spain

-Claimant

vs.

Club Baloncesto Valladolid SAD, Pabellón Pisuerga, Plaza Méxiko s/n, Valladolid, Spain

-Respondent

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:

Club Baloncesto Valladolid SAD shall pay Mr. Oriol Junyent EUR 11,100.00 as outstanding salary payments due under their Agreement dated 18 October 2009, plus interest at a rate of 5% per annum starting from 24 November 2009.

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 2,750.00, shall be borne by Club Baloncesto Valladolid SAD.… Read More

0155 Kikowski vs. KK Union Olimpija Ljubljana

ARBITRAL AWARD
(BAT 0155/11)

by the
BASKETBALL ARBITRAL TRIBUNAL (BAT)
Mr. Ulrich Haas

in the arbitration proceedings between
Mr. Pawel Kikowski, -Claimant –

Represented by Mr. José Lasa Azpeitia, Laffer Abogados, c/ Almagro 13, 2 D, 28010 Madrid, Spain

vs.

KK Union Olimpija Ljubljana, Celovška 25, 1000 Ljubljana, Slovenia

-Respondent

1. The Parties

1.1 The Claimant

1. Mr. Pawel Kikowski (the “Player” or “Claimant”) is a professional basketball player of Polish nationality. He is represented by Mr. José Lasa Azpeitia, attorney-at-law in Madrid, Spain.

The Respondent

KK Union Olimpija Ljubljana (the “Club” or “Respondent”) is a professional basketball club located in Ljubljana, Slovenia. The Club is represented by its General Manager, Mr. Janez Rajgelj.

2. The Arbitrator

3. On 9 February 2011, the President of the Basketball Arbitral Tribunal (the “BAT”) appointed Prof. Dr. Ulrich Haas as arbitrator (the “Arbitrator”) pursuant to Article 8.1 of the Rules of the Basketball Arbitral Tribunal (the “BAT Rules”). Neither of the Parties has raised any objections to the appointment of the Arbitrator or to his declaration of independence.… Read More

0167 Sanchez vs. Unitri Universo Uberlandia BC

ARBITRAL AWARD

(BAT 0167/11)

by the
BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Klaus Reichert SC

in the arbitration proceedings between

Mr. Luis Jose Traverso Sanchez

-Claimant

vs.

Unitri Universo Uberlandia BC

Av. Nicomedes Alves dos Santos, 4545-Uberlandia, Minas Gerais, Brazil

-Respondent

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:

Unitri Universo Uberlandia BC shall pay Mr. Luis Jose Traverso Sanchez USD 12,000.00 due under the Agreement dated 1 August 2010 in respect of agency fees.

The costs of this arbitration until the present Award, which were determined by the President of the FAT in the amount of EUR 1,000.00, shall be borne by Unitri Universo Uberlandia BC. The balance of the Advance on Costs, in the amount of EUR 2,000.00, will be reimbursed to Mr. Luis Jose Traverso Sanchez by the BAT.… Read More