Monthly Archives: February 2012

0243 Side vs. Krasnye Krylia Samara

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CONSENT AWARD

(BAT 0243/11)

by the
BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Klaus Reichert

in the arbitration proceedings

Court Side

Parkwijklaan 229, 1326 JT Almere, Netherlands

-Claimant

vs.

Krasnye Krylia Samara

Ul. Evrosheskogo 18, 443086 Samara, Russia

-Respondent

1. Background of the Award by Consent

By Request for Arbitration dated 23 November 2011, the Claimant initiated arbitration proceedings against the Respondent (Claimant and Respondent are hereinafter collectively referred to as the “Parties”).

By three emails of 5 January 2012, the Claimant informed the BAT that the Parties had settled their dispute and provided the BAT with the pertinent exchange of correspondence between the Parties. The Claimant further informed the BAT that the first instalment under the settlement agreement (EUR 10,250) had already been paid by the Respondent and that the Parties were now seeking a Consent Award.

By letter dated 31 January 2012, the Parties were informed by the Basketball Arbitral Tribunal (“BAT”) as follows:

“This is to confirm that a Request for Arbitration dated 23 November 2011 was filed by Mr.… Read More

0211 Taylor Diamantopoulos vs. BC AEL Limassol Athlopedies

ARBITRAL AWARD
(BAT 0211/11)

by the
BASKETBALL ARBITRAL TRIBUNAL (BAT)
Mr. Stephan Netzle

in the arbitration proceedings between

Mr. Ronell Taylor,

-Claimant 1 -Mr. Elias Diamantopoulos,

-Claimant 2 –

Both represented by Mr. José Lasa Azpeitia, Laffer Abogados, Calle Almagro, 13, 2°D, 28010 Madrid, Spain

vs.

BC AEL Limassol Athlopedies LTD

P.O. Box 1606, Limassol, Cyprus

-Respondent

1. The Parties
1.1 The Claimants

Mr. Ronell Taylor (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.

Mr. Elias Diamantopoulos (hereinafter the “Agent”) is a FIBA certified agent of Greek nationality and the founder of the agency “Diamond Sports”, located in Athens, Greece. He is also represented by Mr. José Lasa Azpeitia.

1.2 The Respondent

3. BC AEL Limassol Athlopedies LTD (hereinafter the “Club”) is a professional basketball club located in Limassol, Cyprus. The Club is not represented in the present arbitration.
2. The Arbitrator

4. On 20 October 2011, the President of the Basketball Arbitral Tribunal (hereinafter the “BAT”), Prof.… Read More

0184 Bilan vs. KK Zadar

ARBITRAL AWARD

(BAT 0184/11)

by the
BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Raj Parker

in the arbitration proceedings between
Mr. Miro Bilan

c/o BDA Sports, 507 N. Gertruda Ave, Redondo Beach, CA 90277, USA

-Claimant

vs.

Kosarkaski Klub Zadar

Obala Kralha Tomislava 1, 23000 Zadar, Croatia

-Respondent

1. The Parties
1.1 The Claimant

Mr. Miro Bilan (hereinafter the “Claimant”) is a professional basketball player.

In these proceedings, the Claimant is represented by Mr. Billy J. Kuenzinger of BDA Sports, 700 Ygnacio Valey Rd Suite 330, Walnut Creek, CA 94598, USA.

1.2 The Respondent

3. Kosarkaski Klub Zadar (hereinafter the “Respondent”) is a Croatian basketball club.
2. The Arbitrator

On 28 June 2011, Prof. Richard H. McLaren, 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”).

Neither of the Parties has raised objections to the appointment of the Arbitrator or to the declaration of independence issued by him.… Read More

0215 Shokuohizadeh vs Shanxi Zhoungyu Basketball Club

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.… Read More

0201 Taggart vs. Dnepr BC

ARBITRAL AWARD
(BAT 0201/11)

by the
BASKETBALL ARBITRAL TRIBUNAL (BAT)
Mr. Klaus Reichert SC

in the arbitration proceedings between
Mr. Shawn Taggart

Represented by Mr. Happy Walters Rogue Sports, 1620 26th Street, Suite 1060N Santa Monica, CA 90404, USA

-Claimant

vs.

DNEPR (Dnipro) Basketball Club

Lenin Street 33 Dnepropetrovsk, 49000 Ukraine

-Respondent

1. The Parties
1.1 The Claimant

1. Mr. Shawn Taggart (hereinafter also referred to as “the Player”) is an American professional basketball player, who was retained by the Respondent, DNEPR (Dnipro) Basketball Club for the 2010-2011 season.

The Respondent

DNEPR (Dnipro) Basketball Club (hereinafter also referred to as “the Club”) is a professional basketball club competing in the Ukrainian professional basketball league.

2. The Arbitrator

3. On 5 August 2011, Prof. Richard H. McLaren, President of the Basketball Arbitral Tribunal (the “BAT”) appointed Mr. Klaus Reichert SC as arbitrator (hereinafter the “Arbitrator”) pursuant to Article 8.1 of the Rules of the Basketball Arbitral Tribunal (hereinafter the “BAT Rules”).… Read More

0199 Kariyer Spor CAA Sports vs Besikats JK

ARBITRAL AWARD

(BAT 0199/11)

by the
BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Quentin Byrne-Sutton

in the arbitration proceedings between

Kariyer Spor Gida Ilac San. Dis Tic. Ltd., Zühtüpasa Mh. Sehirkahya Sk. Pembe Kösk Sitesi A Blok No: 29/9, Kiziltoprak, Istanbul, Turkey

-Claimant 1 –

CAA Sports, 162, Fifth Avenue, 7th Floor, New York, NY 10010, USA

-Claimant 2 –

Both represented by Mr Ergun Benan Arseven, Moroglu Arseven, Odakule Kat: 12 Istiklal Cad. No: 142, Beyoglu, Istanbul, Turkey

vs.

Besiktas Jimnastik Kulübü, Suleyman Seba Caddesi, No. 48 BJK Plaza, Akaretler, Besiktas, 34357 Istanbul, Turkey

Represented by Mrs Basak Akbas, Attorney-at-Law, Besiktas JK

-Respondent

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:

Besiktas Jimnastik Kulübü is ordered to pay CAA Sports outstanding agency fees in the amount of USD 8,100, plus interest at 5% per annum on such amount from 31 October 2009 onwards.… Read More

0210 Miles vs. GS Panionios KAE

ARBITRAL AWARD
(BAT 0210/11)

by the
BASKETBALL ARBITRAL TRIBUNAL (BAT)
Mr. Quentin Byrne-Sutton

in the arbitration proceedings between
Mr. Aaron Miles -Claimant

represented by Mr. Alexandros C. Saratsis, Octagon, Inc., 1751 Pinnacle Drive Suite 1500, McLean, VA 22102, USA

vs.

GS Panionios KAE

Ioannou Chrisostomou 1,17123 Nea Smyrni, Athens, Greece

-Respondent

1. The Parties
1.1 The Claimant

1. Mr. Aaron Miles is a professional basketball player of American citizenship (hereinafter referred to as “the Player”).

The Respondent

GS Panionios KAE is a Greek professional basketball club (hereinafter “the Club”)

2. The Arbitrator

3. On 7 September 2011, Richard H. McLaren, the President of the Basketball Arbitral Tribunal (the “BAT”) appointed Mr. Quentin Byrne-Sutton as arbitrator (hereinafter the “Arbitrator”) pursuant to Article 8.1 of the Rules of the Basketball Arbitral Tribunal (hereinafter the “BAT Rules”). Neither of the parties has raised any objections to the appointment of the Arbitrator or to his declaration of independence.

3. Facts and Proceedings

Summary of the Dispute

By means of agreement indicating a date of 8 September 2007, the Player and the Club entered into a contract for the 2008-2009 season (the “Contract”).… Read More

0202 Miles Octagon vs. Aris KAE

ARBITRAL AWARD
(BAT 0202/11)

by the
BASKETBALL ARBITRAL TRIBUNAL (BAT)
Mr. Quentin Byrne-Sutton

in the arbitration proceedings between
Mr. Aaron Miles

-Claimant 1 –

Octagon, Inc. 1751 Pinnacle Drive Suite 1500, McLean, VA 22102, USA

-Claimant 2

both represented by Mr. Alexandros C. Saratsis, 1751 Pinnacle Drive Suite 1500, McLean, VA 22102, USA

vs.

Aris KAE Basketball Club

Grigoriou Lambraki Str. 2, 54636 Thessaloniki, Greece
-Respondent

1. The Parties
1.1 The Claimants 1 and 2

Mr. Aaron Miles is a professional basketball player of American citizenship (hereinafter referred to as “the Player” or “Claimant 1”).

Octagon, Inc. was an agent of the Player (hereinafter “the Agent” or “Claimant 2”).

Claimants 1 and 2 are referred to jointly as “the Claimants”.

1.2 The Respondent

4. Aris KAE Basketball Club (hereinafter “the Club”) is a Greek professional basketball club.
2. The Arbitrator

5. On 12 September 2011, Richard H. McLaren, the President of the Basketball Arbitral Tribunal (the “BAT”), appointed Mr. Quentin Byrne-Sutton as arbitrator (hereinafter the “Arbitrator”) pursuant to Article 8.1 of the Rules of the Basketball Arbitral Tribunal (hereinafter the “BAT Rules”).… Read More

0187 Francis vs. Bornova Belediyesi SK

ARBITRAL AWARD

(BAT 0187/11)

by the
BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Ulrich Haas

in the arbitration proceedings between

Mr. Torin Jamal Francis -Claimant

represented by Mr. Sébastien Ledure Five Legal, Boulevard du Régent 37-40, 1000 Brussels, Belgium

vs.

Bornova Belediyesi Spor Kulübü

Büyük Park Içi Hali Saha Yani, Kemalpasa Cad. 52, Issikent, Bornova / Izmir, Turkey

-Respondent

represented by Mr. Mert Ildes, General Manager

AWARD

Upon providing both parties with an opportunity to be heard, having ascertained his jurisdiction, examined that the amount in dispute constituted at the time of the Request for Arbitration a dispute within the meaning of Article 16.2 of the BAT Arbitration Rules and considered the factual and legal arguments as well as the requests for relief submitted in this case, the Arbitrator decides as follows:

Bornova Belediyesi Spor Kulübü is ordered to pay to Mr. Torin Jamal Francis compensation in the amount of USD 42,945.00.

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 4,500.00 shall be borne by Bornova Belediyesi Spor Kulübü alone.… Read More