Monthly Archives: October 2012

0269 Ljubotina, Beobasket Ltd. vs. Trefl Sopot SA

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ARBITRAL AWARD

(BAT 269/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Ulrich Haas

in the arbitration proceedings between

Mr. Slobodan Ljubotina -Claimant 1 –

Beobasket Ltd. -Claimant 2

both represented by Mr. Miodrag Ražnatović, attorney-at-law, vs.

Trefl Sopot SA

Al. Niepodleglosci 809°, 81-810 Sopot, Poland

-Respondent

represented by Mr. Marcin Kicior, Vice-President of the Management Board

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:

Trefl Sopot SA is ordered to pay to Beobasket Ltd. agent fees in the amount of USD 3,600.
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 jointly by the Claimants (Mr. Slobodan Ljubotina and Beobasket Ltd.) in the amount of EUR 3,000 and by Trefl Sopot SA in the amount of EUR 1,000.… Read More

0274 Pettway vs. Basketball Club Dnipro

ARBITRAL AWARD

(BAT 0274/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Ulrich Haas

in the arbitration proceedings between

Mr. Aaron Pettway -Claimant

represented by Mr. Richard D. Faulkner and Ms. Shelly L. Skeen, attornies-at-law, Blume, Faulkner, Skeen & Northam, PLLC 111 W. Spring Valley Rd, Suite 250, Richardson, Texas, USA

vs.

Basketball Club Dnipro

33 ul. Lenina, 49000 Dnipropetrovsk, Ukraine

-Respondent

represented by Mr. Alexey B. Vasyliev, General Manager

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:

Basketball Club Dnipro is ordered to pay to Mr. Aaron Pettway outstanding salaries in the amount of USD 32,000 plus interest at the rate of 5% p.a. from 29 April 2011 on the aforementioned amount.
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 3,972, shall be borne by Basketball Club Dnipro alone.… Read More

BAT Amends Award for Pettway

aaron_pettwayToday the BAT issued an amended final award for Aaron Pettway that included all costs, expenses, and attorney’s fees. The BAT awarded Mr. Pettway a $32,000 award against Ukrainian team Dnipro on September 29, 1012 in BAT case 0274 Pettway vs. Basketball Club Dnipro. But the arbitrator made a mistake on calculating costs owed to Mr. Pettway, which was amended today to include the full amount of salary owed and all costs, expenses, and attorney’s fees. Mr. Pettway was represented in the arbitration by IBPA Lawyers BFSN Law, who requested in early October, 2012 the arbitrator amend the award.

To view the final award issued today, click here.… Read More

0289 Lauwers vs. S.S. Felice Scandone S.p.A.

ARBITRAL AWARD

(BAT 0289/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Stephan Netzle

in the arbitration proceedings between

Mr. Dimitri Lauwers -Claimant

represented by Ms. Fulvia Orecchio, attorney-at-law, vs.

S.S. Felice Scandone S.p.A.

c/o PalaDelMauro -c/da Zoccolari, 83100 Avellino, Italy

-Respondent

1. The Parties

1.1 The Claimant

1. Mr. Dimitri Lauwers (hereinafter the “Player”) is a professional basketball player born in Liege, Belgium. He is represented by Ms. Fulvia Orecchio, attorney-at-law in Ragusa, Italy.

The Respondent
S.S. Felice Scandone S.p.A. (hereinafter the “Club”) is a professional basketball club located in Avellino, Italy. The Club is not represented in this arbitration.
2. The Arbitrator

3. On 4 June 2012, the President of the Basketball Arbitral Tribunal (hereinafter the “BAT”), Prof. Richard H. McLaren, appointed Dr. Stephan Netzle as arbitrator (hereinafter the “Arbitrator”) pursuant to Article 8.1 of the Rules of the Basketball Arbitral Tribunal (hereinafter the “BAT Rules”). None of the Parties has raised any objections to the appointment of the Arbitrator or to his declaration of independence.… Read More

0284 Appel, Wasserman Media Group vs. Samsun Basketbol Kulübü

ARBITRAL AWARD

(BAT 0284/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Raj Parker

in the arbitration proceedings between

Ms Jayne Appel -First Claimant –

Wasserman Media Group

Lindsay Kagawa Colas,10960 Wilshire Blvd., Suite 2200, Los Angeles, CA 90024, USA

-Second Claimant –

both represented by Mr. Howard L. Jacobs, Law Offices of Howard L. Jacobs, 2815 Townsgate Rd., Suite 200, Westlake Village, CA 91361, USA

vs.

Samsun Basketbol Kulübü

Bahçelievler Mah. İstiklal Cad. Öcal Sokak K.n.k Apt. No:1 Kat:3, 55020 İlkad.m/Samsun, Turkey

-Respondent

1. The Parties

1.1 The Claimants

Ms. Jayne Appel (hereinafter the “First Claimant”) is a professional basketball player of US nationality.
Wasserman Media Group of Lindsay Kagawa Colas,10960 Wilshire Blvd., Suite 2200, Los Angeles, CA 90024, USA, (hereinafter the “Second Claimant”) is the First Claimant’s agent.
In these proceedings, the First Claimant and the Second Claimant are represented by Mr. Howard L. Jacobs of the Law Offices of Howard L. Jacobs, 2815 Townsgate Rd., Suite 200, Westlake Village, CA 91361, USA.… Read More

0263 Jujka vs Miejski Miedzyszkolny Klub Sportowy Katarzynki Torun “Energa”

ARBITRAL AWARD

(BAT 0263/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Klaus Reichert SC

in the arbitration proceedings between

Ms. Marta Jujka -Claimant 1 –

TP Sports Ltd

Vitebsky prospect 79/3-37, 196233 St. Petersburg, Russia

-Claimant 2

represented by Mr. Victor Berezov

vs.

Miejski Miedzyszkolny Klub Sportowy Katarzynki Torun “Energa”

35/2 Matejki, 87-100 Torun, Poland

-Respondent

1. The Parties

1.1 The Claimants

Ms. Marta Jujka (hereinafter referred to as “Claimant) is a professional basketball player, who was retained by the Respondent, Miejski Miedzyszkolny Klub Sportowy Katarzynki Torun “Energa” for the 2011-2012 season.
TP Sports Ltd is a basketball agency which represented the Claimant leading to the latter’s retainer by the Respondent. Initially in this arbitration TP Sports Ltd advanced a claim against the Respondent but on 2 April 2012 (by email of that date) the BAT was formally notified that same was withdrawn as having been satisfied by the Respondent.
1.2 The Respondent

3. Miejski Miedzyszkolny Klub Sportowy Katarzynki Torun “Energa” (hereinafter referred to as “Respondent”) is a professional basketball club in Torun, Poland.… Read More

0260 Szczechowiak vs. Miejski Miedzyszkolny Klub Sportowy Katarzynki Torun “Energa”

ARBITRAL AWARD

(BAT 0260/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Klaus Reichert SC

in the arbitration proceedings between

Ms. Charity Szczechowiak -Claimant

represented by Ms. Karolina Lech

vs.

Miejski Miedzyszkolny Klub Sportowy Katarzynki Torun “Energa”

35/2 Matejki, 87-100 Torun, Poland

-Respondent

represented by its President, Mr Maciej Krystek

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:

Miejski Miedzyszkolny Klub Sportowy Katarzynki Torun “Energa” is ordered to pay to Ms. Charity Szczechowiak outstanding salary in the amount of PLN 123,000.00 (being PLN 100,000.00 plus VAT of PLN 23,000.00).
Miejski Miedzyszkolny Klub Sportowy Katarzynki Torun “Energa” is ordered to pay to Ms. Charity Szczechowiak interest of 5% per annum on the amount of PLN 123,000.00 from 13 October 2011 until payment.
Miejski Miedzyszkolny Klub Sportowy Katarzynki Torun “Energa” is ordered to pay to Ms.… Read More

0281 Amachree vs. Samsun Basketbol Kulübü

ARBITRAL AWARD

(BAT 0281/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Raj Parker

in the arbitration proceedings between

Ms. Makbule Amachree -Claimant

represented by Mr. Sami Dinc, Büyükdere Caddesi, İstanbul, Turkey

vs.

Samsun Basketbol Kulübü

Bahçelievler Mah. İstiklal Cad. Öcal Sokak, K.n.k Apt. No:1 Kat:3 İlkad.m/Samsun, 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:

Samsun Basketbol Kulübü is ordered to pay Ms. Makbule Amachree outstanding salary in the amount of USD 8,500.00.
Samsun Basketbol Kulübü is ordered to pay to Ms. Makbule Amachree interest of 5% p.a. on the amount of USD 8,500.00 from 15 March 2012 until the date that payment is made.
Samsun Basketbol Kulübü is ordered to pay to Ms. Makbule Amachree the amount of EUR 2,200.00 as a contribution towards her legal fees and expenses.… Read More

0290 Kariyer Spor Gida Ilaç San. Dis Tic. Ltd. vs. Besiktas Jimnastik Kulübü

ARBITRAL AWARD

(BAT 0290/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Ulrich Haas

in the arbitration proceedings between

Kariyer Spor Gida Ilaç San. Diş Tic. Ltd.

Zühtüpaşa Mh. Şehirkahya Sk. Pembe Köşk Sitesi A Blok No: 29/9, Kiziltoprak, Istanbul, Turkey

– Claimant –

represented by Mr. Ergun Benan Arseven, Moroğlu Arseven, Turkey

vs.

Beşiktaş Jimnastik Kulübü

Suleyman Seba Caddesi, No. 48 BJK Plaza

Akaretler, Besiktas, 34357 Istanbul, Turkey

– Respondent –

represented by Ms. Basak Akbas, 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:

1. Beşiktaş Jimnastik Kulübü is ordered to pay to Kariyer Spor Gida Ilaç San.
Diş Tic. Ltd. agent fees in the amount of USD 18,880 plus interest at a rate of
5% p.a. as of 1 October 2010 on this amount.
2. 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 alone.… Read More