Monthly Archives: August 2012

0278 Korstin vs. Besiktas Jimnastik Kulübü Dernegi

FacebookTwitterGoogle+LinkedInEmailShare

ARBITRAL AWARD

(BAT 0278/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Ulrich Haas

in the arbitration proceedings between

Ms. Ilona Korstin,

-Claimant

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

vs.

Beşiktaş Jimnastik Kulübü Dernegi, Süleyman Seba Caddesi, No. 48 BJK Plaza 34357 Beşiktaş, Istanbul, Turkey

-Respondent

represented by Ms. Başak Akbaş, attorney-at-law, Istanbul, Turkey

1. The Parties

1.1 The Claimant

1. The Claimant, Ms. Ilona Korstin, is a professional Russian-French basketball player (hereinafter referred to as “Player” or “Claimant”).

The Respondent
Beşiktaş Jimnastik Kulübü Dernegi (hereinafter referred to as “Club” or “Respondent”) is a professional basketball club located in Istanbul, Turkey. The Club is represented by its president, Mr. Yildirim Demirören, and its general manager, Mr. Levent Gifter.
2. The Arbitrator

3. On 24 May 2012, Prof. Richard H. McLaren, 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”).… Read More

0242 Vrbanc vs. KK Cibona Zagreb

ARBITRAL AWARD

(BAT 0242/11)

by the
BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Raj Parker

in the arbitration proceedings between

Mr. Goran Vrbanc -Claimant

vs.

KK Cibona Zagreb

Savska 30, 10000 Zagreb, Croatia

-Respondent
1. The Parties
1.1 The Claimant

Mr. Goran Vrbanc (hereinafter the “Claimant”) is a professional basketball player of Croatian nationality.

In these proceedings, the Claimant is represented by Mr. Rikardo Perković of ZOU “Perković & Perković”, E. Kotromanić 11, Zadar 23000, Croatia.

1.2 The Respondent

KK Cibona Zagreb (hereinafter the “Respondent”) is a Croatian professional basketball club.

In these proceedings, the Respondent is represented by its Director, Mr. Zdenko Antunovic.

2. The Arbitrator

On 19 January 2012, Prof. Richard H. McLaren, the President of the Basketball Arbitral Tribunal (hereinafter 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

0267 Sigma s.r.l. vs. BC Union Olimpija Ljubljana

ARBITRAL AWARD

(BAT 0267/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Raj Parker

in the arbitration proceedings between

Sigma s.r.l.

Via Giuseppe Giacosa n. 3, 40132 Bologna, Italy

-Claimant

represented by Mr. Giovanni Facci, Studio Legale Facci, Via Marconi n. 51, 40122 Bologna, Italy

vs.

BC Union Olimpija Ljubljana

Celovska cesta 25, 1000 Ljubljana, Slovenia

-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:

BC Union Olimpija Ljubljana is ordered to pay Sigma s.r.l. outstanding agency fees in the amount of EUR 17,000.00.
BC Union Olimpija Ljubljana is ordered to pay to Sigma s.r.l. interest of 5% on the amount of EUR 9,000.00 from 1 April 2010 until the date that payment is made and on the amount of EUR 8,000.00 from 15 June 2010 until the date that payment is made.… Read More

0279 Stemberger vs. BC Astrum Levice

ARBITRAL AWARD

(BAT 0279/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Quentin Byrne-Sutton

in the arbitration proceedings between

Mr. Siniša Štemberger, -Claimant

vs.

BC Astrum Levice, Šafárikova 1, 934 01 Levice, Slovakia

-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:

BC Astrum Levice shall pay Mr. Siniša Štemberger an amount of EUR 19,402.00 as compensation for unpaid salaries.
BC Astrum Levice shall pay Mr. Siniša Štemberger an amount of EUR 1,600.00 as compensation for unpaid bonus.
BC Astrum Levice shall pay Mr. Siniša Štemberger an amount of EUR 1,250.00 as contractual penalties for late 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 3,000.00, shall be borne by BC Astrum Levice alone.… Read More

0280 Scotti vs. Besiktas Jimnastik Kulübü Dernegi

ARBITRAL AWARD

(BAT 0280/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Ulrich Haas

in the arbitration proceedings between

Mr. Mario Scotti -Claimant

vs.

Beşiktaş Jimnastik Kulübü Derneǧi

Süleyman Seba Caddesi, No. 48 BJK Plaza 34357 Beşiktaş, Istanbul, Turkey

-Respondent

represented by Ms. Başak Akbaş, attorney-at-law, Istanbul, Turkey

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:

Beşiktaş Jimnastik Kulübü Derneǧi is ordered to pay to Mr. Mario Scotti agent fees in the amount of USD 30,000.
Beşiktaş Jimnastik Kulübü Derneǧi shall pay to Mr. Mario Scotti an amount of EUR 1,500 as a contribution to his legal fees and expenses. Beşiktaş Jimnastik Kulübü Derneǧi shall bear its own legal fees and expenses.
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, shall be borne by Beşiktaş Jimnastik Kulübü Derneǧi alone.… Read More

0244 Hodge vs. Petrochimi Bandar Imam Harbour BC

ARBITRAL AWARD
(BAT 0244/12)

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

in the arbitration proceedings between

Mr. Julius Hodge, 2309 Mayo Forest Lane, Morrisville, NC 27560, USA

-Claimant –

Represented by Ms. Cheryce M. Cryer, Esq., Crown Jewel Sports Management, 6709 La Tijera Blvd #165, Los Angeles, CA 90045, USA

vs.

Petrochimi Bandar Imam Harbour Basketball Club,

Mahshar, Iran

-Respondent –

Represented by Mr. Alipour Gholamreza, attorney-at-law, Apt 12, No. 4 Jahan Ara Street, Tehran 1436735795, Iran

1. The Parties
1.1. The Claimant

1. Mr. Julius Hodge (hereinafter the “Player”) is a professional basketball player of US nationality and was born on 18 November 1983. He is represented by Ms. Cheryce M. Cryer, CEO of Crown Jewel Sports Management which is located in Los Angeles, USA.

The Respondent

Petrochimi Bandar Imam Harbour Basketball Club (hereinafter the “Club”) is a professional basketball club located in Mahshar, Iran. The Club is represented by Mr. Alipour Gholamreza, attorney-at-law in Tehran, Iran.… Read More

0259 Zoroski vs. GS Panionios KAE

ARBITRAL AWARD

(BAT 0259/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Raj Parker

in the arbitration proceedings between

Mr. Ivan Zoroski -Claimant

represented by Mr. Sofoklis P. Pilavios, lawyer, vs.

GS Panionios KAE

1 Hrisostomou Street, 17123 Nea Smyrni, Athens, Greece

-Respondent

1. The Parties

1.1 The Claimant

Mr. Ivan Zoroski (hereinafter the “Claimant”) is a Serbian professional basketball player.
In these proceedings, the Claimant is represented by Mr. Sofoklis P. Pilavios, lawyer, Greece.
1.2 The Respondent

3. GS Panionios KAE (hereinafter the “Respondent” or the “Club”) is a Greek professional basketball club. It is domiciled at 1 Hrisostomou Street, 17123 Nea Smyrni, Athens, Greece.

2. The Arbitrator

On 19 March 2012, Prof. Richard H. McLaren, 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”).
Neither of the Parties has raised objections to the appointment of the Arbitrator or to the declaration of independence issued by him.… Read More

0257 Orlando, DoubleB Management s.a.s. vs. Besiktas Jimnastik Kulubu Dernegi

ARBITRAL AWARD

(BAT 0257/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Stephan Netzle

in the arbitration proceedings between

Mr. Sandro Orlando -Claimant 1 -DoubleB Management s.a.s.

Via Bengasi 1, 20033 Desio (MI), Italy

-Claimant 2

both represented by Mr. Enrico Zorzi, attorney-at-law, Studio Legale Zorzi – Corneli – Ruggieri, Via Nicola Palma 12, 64100 Teramo, Italy

vs.

Besiktas Jimnastik Kulubu Dernegi

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

-Respondent

represented by Ms. Basak Akbas, attorney-at-law, Istanbul, Turkey

1. The Parties

1.1 The Claimants

Mr. Sandro Orlando (hereinafter the “Coach”) is a professional basketball coach of Italian nationality. He is represented by Mr. Enrico Zorzi, attorney-at-law in Teramo, Italy.
DoubleB Management s.a.s. (hereinafter the “Agency”) is an agency providing consulting and representation services in basketball. It is located in Desio, Italy, and is also represented by Mr. Enrico Zorzi.
1.2 The Respondent

3. Besiktas Jimnastik Kulubu Dernegi (hereinafter the “Club”) is a professional basketball club located in Istanbul, Turkey.… Read More

0232 Montgomery, Wiesel, LBM Management vs. Lövér Sport KFT aka UNI Seat Györ

ARBITRAL AWARD

(BAT 0232/11)

by the
BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Raj Parker

in the arbitration proceedings between

Ms. Renee Montgomery

c/o Wiesel Sports LLC, Post Office Box 1225, Bandon, Oregon 97411 USA

-First Claimant –

Mr. Eric Wiesel

Wiesel Sports LLC, Post Office Box 1225, Bandon, Oregon 97411 USA

-Second Claimant –

LBM Management

Rue de Gaillarmont 591, BE 4030, Liege, Belgium

-Third Claimant

vs.

Lövér Sport KFT aka UNI Seat Györ

Kiskut Liget, 9027 Györ, Hungary

-Respondent

1. The Parties
1.1 The Claimants

Ms. Renee Danielle Montgomery (hereinafter the “First Claimant”) is a professional basketball player of US nationality.

Mr. Eric R. Wiesel of Wiesel Sports LCC, P.O. Box 1225, Brandon, Oregon 97411, USA, acts as the First Claimant’s agent (hereinafter the “Second Claimant”).

LBM Management, of Rue de Gaillarmont 591, BE 4030, Leige, Belgium (hereinafter the “Third Claimant”) also acts as the First Claimant’s agent.

In these proceedings, the First Claimant and the Third Claimant are represented by the Second Claimant.… Read More