Monthly Archives: May 2012

0241 ASM sports vs. Galatasaray Spor Kulübü

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ARBITRAL AWARD

(BAT 0241/11)

by the
BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Quentin Byrne-Sutton

in the arbitration proceedings between

ASM Sports, 920 Undercliff Avenue, Edgewater, New Jersey 07020, USA

-Claimant –

Represented by Messrs. Guillermo López Arana and Mikel Abete Vecino c/ Maestro Ripoll 9, 28006 Madrid, Spain

vs.

Galatasaray Spor Kulübü, Büyükdere Cad. Akincibayir Sok. No. 8 Kat. 3 Mecidiyeköy, 34387 Istanbul, Turkey

-Respondent –

Represented by Mr. Mahinur Dengiz, Attorney at Law

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:

ASM Sports’ requests for relief are dismissed.

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 2,600.00 shall be borne by ASM Sports alone. The balance of the Advance on Costs, in the amount of EUR 1,370.00 will be reimbursed to ASM Sports by the BAT.… Read More

0233 Delininkaitis vs PAOK 2004 Basketball S A

ARBITRAL AWARD
(BAT 0233/11)

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

in the arbitration proceedings between
Mr. Tomas Delininkaitis -Claimant

represented by Mr. Aristodimos Ch. Lychnaras, Attorney at Law, 28 Ioulianou & 3rd Septemvriou,10434 Athens, Greece

vs.

PAOK 2004 Basketball S.A.

11-13 Antoniou Tritsi St., 55510 Pilea, Thessaloniki, Greece

-Respondent

represented by Mr. Fotios Papachristou, Attorney at Law, 24 Mitropoleos, 54624 Thessaloniki, Greece

1. The Parties
1.1 The Claimant

1. Mr. Tomas Delininkaitis (hereinafter referred to as “the Claimant”) is a professional basketball player, who was retained by the Respondent, PAOK 2004 Basketball S.A., for a certain part of the 2009-2010 season.

The Respondent

PAOK 2004 Basketball S.A. (hereinafter referred to as “the Respondent”) is a professional basketball club in Thessaloniki, Greece.

2. The Arbitrator

3. On 28 December 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

BAT Arbitration, What is it and how does it all work?

Many players and agents don’t fully understand the BAT process, what if offers, and what it can do. One of our goals here at the IBPA is to inform people of the power of the arbitration process and to take some of the mystery out of all of this.

 

First thing’s first, what is arbitration? Arbitration is a form of alternative dispute resolution (ADR) that parties use in lieu of litigating in courts. Arbitrating parties refer their dispute to one or more persons (typically called arbitrators or the arbitral tribunal) to render a decision called an award. Arbitration awards are typically binding on the parties and can usually be enforced through the courts of any countries in which the losing party has property––such as bank accounts. Arbitration is uniquely useful to disputes between parties of different countries because of the inherent difficulties with conflicting laws, languages, and cultures.

 

Second question, what is the BAT and how did it get its start? … Read More