Monthly Archives: April 2012

0236 Piazza vs Basket Rimini Crabs srl

FacebookTwitterGoogle+LinkedInEmailShare

ARBITRAL AWARD

(BAT 0236/11)

by the
BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Ulrich Haas

in the arbitration proceedings between

Mr. Alessandro Piazza -Claimant

represented by Mr. Enrico Cassi and Mr. Giuseppe Cassi, Via Archimede 18, 97100 Ragusa, Italy

vs.

Basket Rimini Crabs srl

Via Dante 18, 47900 Rimini, Italy

-Respondent

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:

Basket Rimini Crabs srl is ordered to pay to Mr. Alessandro Piazza outstanding salaries and bonuses in the amount of EUR 21,935.44.

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 Basket Rimini Crabs srl alone.… Read More

0239 Smith vs. Karsiyaka SK Dernegi

ARBITRAL AWARD

(BAT 0239/11)

by the
BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Klaus Reichert SC

in the arbitration proceedings between

Mr. Andre Jermaine Smith

represented by Mr. Benjamin J. Pensack, Esq. 1000 Shelter Bay Ave. Suite #1109, Mill Valley, CA 94941, USA

-Claimant

vs.

Karsiyaka Spor Kulübü Dernegi

Basketbol Subesi Yali Cad. No:396, Karsiyaka, Izmir, Turkey represented by Ms. Simge Abis, Attorney at Law in Karsiyaka, Izmir, 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:

Karsiyaka Spor Kulübü Dernegi shall pay Mr. Andre Jermaine Smith a total amount of USD 26,500.00 net of taxes plus interest at 5% per annum on such amount from 16 May 2011 onwards.

Karsiyaka Spor Kulübü Dernegi shall pay Mr. Andre Jermaine Smith amounts of EUR 1,500.00 and USD 2,450.00 as reimbursement for his legal fees and expenses.… Read More

IBPA Offers Expert Legal Representation via BFSN Law

The law firm of BFSN Law today announced it will team up with the IBPA to offer international players, agents, and teams expert legal representation in BAT cases. The legal team from BFSN Law includes Richard Faulkner and Shelly Skeen. Their combined 30+ years of expertise speaks for itself:

 

Richard D. Faulkner

J.D., L.L.M, Dip, Intnl. Comm. Arb.
  • Partner at Blume, Faulkner, Skeen & Northam (BFSN Law)
  • Co-founder of IBPA
  • SIGNIFICANT CASES AS ARBITRATION CHAIRMAN: Lance Armstrong and Tailwind Sports, Inc. v.
    SCA Promotions, Inc. et al.
  • INTERNATIONAL ARBITRATIONS: Arbitration Counsel in multiple insurance arbitrations in U.K. and
    Bermuda in USD $100,000,000.00 cases
  • Arbitrator or Counsel in numerous complex contract and injunction cases
  • Chartered Institute of Arbitrators – Diploma in International Commercial Arbitration, Tutor, and Fellow –
    London, United Kingdom.
  • Professor of Alternative Dispute Resolution Law
  • ARBITRATION AUTHOR: Contributing Author “How Arbitration Works” – American Bar Association,
    2003

Shelly L. Skeen

J.D., Magna Cum Laude, Law Review Editor, Phi Beta Kappa
  • Partner at Blume, Faulkner, Skeen & Northam (BFSN Law)
  • Co-founder of IBPA
  • The Chartered Institute of Arbitrators, London, England, MCIArb
  • Arbitral Women, The International Network of Women in Dispute Resolution
  • Co-Counsel in over one hundred arbitrations and federal and state cases and appeals arising out of arbitrations
  • Frequent author and lecturer on complex arbitration issues
Read More

0216 Castro, Marques vs. Besiktas JK

ARBITRAL AWARD
(BAT 0216/11)

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

in the arbitration proceedings between

Ms. Iziane Castro Marques

-Claimant 1 -Ms. Kelly Da Silva Santos

-Claimant 2

both represented by Mr. Josep Martin Ruiz, 58 Boulevard Aristide Briand, 66100 Perpignan, France

vs.

Besiktas Jimnastik Kulubu Dernegi

Suleyman Seba Caddesi, No. 48 BJK Plaza, 34357 Besiktas / Istanbul, Turkey

-Respondent

represented by Mrs. Basak Akbas, Attorney-at-Law in Istanbul, Turkey

1. The Parties
1.1 The Claimants

1. Ms. Iziane Castro Marques (hereinafter referred to as “Claimant 1”) and Ms. Kelly Da Silva Santos (hereinafter referred to as “Claimant 2”) are professional basketball players, who were retained by the Respondent, Besiktas Jimnastik Kulubu Dernegi, for the 2010-2011 season.

The Respondent

Besiktas Jimnastik Kulubu Dernegi (hereinafter referred to as “the Respondent”) is a professional basketball club in Istanbul, Turkey.

2. The Arbitrator

3. On 8 November 2011, Prof. Richard H. McLaren, President of the Basketball Arbitral Tribunal (the “BAT”) appointed Mr.… Read More

0212 Hammon vs. Womens BC Nadezhda

ARBITRAL AWARD
(BAT 0212/11)

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

in the arbitration proceedings between
Ms. Rebecca Hammon

c/o At the Cound Group LLC, 628 Forest Avenue, Chattanooga, TN 37405, USA

represented by Mr. Antonio Martin Molina, 10 Carrer del Parnal – (5-2), AD700 Escaldes-Engordany, Andorra

-Claimant

vs.
Women’s Basketball Club Nadezhda

Gaya Street 18, Orenburg 460000, Russia represented by its President, Mr. Leonid Tsenaev

-Respondent

1. The Parties
1.1 The Claimant

1. Ms. Rebecca Hammon (hereinafter referred to as “the Claimant”) is a professional basketball player, who was retained by the Respondent, Women’s Basketball Club Nadezhda, for two seasons pursuant to an agreement dated 30 April 2010.

The Respondent

Women’s Basketball Club Nadezhda (hereinafter referred to as “the Respondent”) is a professional basketball club in Orenburg, Russia.

2. The Arbitrator

3. On 20 October 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

0240 Zohnova vs. Athinaikos Sony Athens

ARBITRAL AWARD

(BAT 0240/11)

by the
BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Ulrich Haas

in the arbitration proceedings between

Ms. Katerina Zohnova

-Claimant

represented by Mr. Matteo Antonio Gregis, Via Verdi n. 20, 24121 Bergamo, Italy

vs.

Athinaikos Sony Athens

18 Spetson Street, 16232 Byron, Greece

-Respondent

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:

Athinaikos Sony Athens is ordered to pay to Ms. Katerina Zohnova compensation in the amount of EUR 7,200. Furthermore, Athinaikos Sony Athens is ordered to pay to Ms. Katerina Zohnova interests of 5% p.a. since 1 March 2011 on the amount of EUR 4,100 and interests of 5% p.a.… Read More

0222 Williams vs. Politekhnika Hlychyna Lazorko

ARBITRAL AWARD

(BAT 0222/11)

by the
BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Ulrich Haas

in the arbitration proceedings between

Mr. Nicholas Mack Williams -Claimant

vs.

BC Politekhnika-Halychyna Ltd.

8 Kerchenska Street, 79035 Lviv, Ukraine

-Respondent 1

and

Mr. Alexander Lazorko

c/o BC Politekhnika-Halychyna Ltd. 8 Kerchenska Street, 79035 Lviv, Ukraine

-Respondent 2

AWARD

Upon providing both parties with an opportunity to be heard, having 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:

The BAT does not have jurisdiction over Mr. Alexander Lazorko.

BC Politekhnika-Halychyna Ltd. is ordered to pay to Mr. Nicholas Mack Williams compensation in the amount of USD 18,761. Furthermore, BC Politekhnika-Halychyna Ltd. is ordered to pay to Mr. Nicholas Mack Williams interests of 5% p.a.… Read More