Monthly Archives: December 2012

0256 Mr Coach, Agency vs. Club

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ARBITRAL AWARD

(BAT 0256/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Klaus Reichert SC

in the arbitration proceedings between

Mr. Coach

– Claimant 1 –

Agency

– Claimant 2 –

vs.

Club

– Respondent –

1. The Parties

1.1 The Claimants

1. Mr. Coach is a professional basketball coach, who was retained by the Respondent, the Club, for four seasons as and from the 2011-2012 season.
2. The Agency is a basketball agency located at . Claimant 2 represented Claimant 1 leading to the latter’s retainer by the Respondent. Mr Agent is the principal of Claimant 2.

1.2 The Respondent

3. The Club (hereinafter referred to as “the Respondent”) is a professional basketball club
in .

2. The Arbitrator

4. On 13 March 2012, 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

0311 Marginean vs. Panathinaikos AO

ARBITRAL AWARD

(BAT 0311/12)

by the
BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Klaus Reichert SC

in the arbitration proceedings between

Ms Gabriela Marginean -Claimant

represented by Mr. Ersü Oktay Huduti, Attorney at Law, Huzur Mah. Oyaki Sitesi, Blok No: 27 Daire No: 29, 34396 Sisli, Istanbul, Turkey

vs.

Panathinaikos A.O.

Armatolon & Klefton 47, 11471 Athens, Greece

-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:

Panathinaikos A.O. is ordered to pay to Ms Gabriela Marginean outstanding salary in the amount of EUR 15,600.00.

Panathinaikos A.O. is ordered to pay to Ms Gabriela Marginean outstanding bonuses in the amount of EUR 3,000.00.

Panathinaikos A.O. is ordered to pay to Ms Gabriela Marginean interest of 5%

p.a. on:
EUR 5,200.00 from 31 January 2011 until payment;

EUR 5,200.00 from 1 March 2011 until payment;

EUR 5,200.00 from 1 April 2011 until payment; and

EUR 3,000.00 from 5 July 2011 until payment.… Read More

0307 Varda, Althoffer, Ilic vs. BC Union Olimija Ljubljana

ARBITRAL AWARD

(BAT 0307/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Klaus Reichert SC

in the arbitration proceedings between

Mr. Ratko Varda

-Claimant 1 -Mr. Guillaume Althoffer

-Claimant 2 –

Mr. Miroslav Ilic -Claimant 3

vs.

BC Union Olimpija Ljubljana

Celovška cesta 25, 1000 Ljubljana, Slovenia

-Respondent

represented by Ms. Martina Zaucer, Attorney at Law, Law Firm Kozinc and partners o.p.d.o.o., Dalmatinova 2, 1000 Ljubljana, Slovenia

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 to Mr. Ratko Varda outstanding salary in the amount of EUR 14,000.00 net.
BC Union Olimpija Ljubljana is ordered to pay to Mr. Guillaume Althoffer and Mr. Miroslav Ilic outstanding agents’ fees in the amount of EUR 8,400.00.
BC Union Olimpija Ljubljana is ordered to pay to Mr.… Read More

0276 Kupcunas vs. STK-SSA

ARBITRAL AWARD

(BAT 0276/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Stephan Netzle

in the arbitration proceedings between

Mr. Christopher J. Kupcunas -Claimant

represented by Mr. Sébastien Ledure, Lorenz International Lawyers Boulevard du Régent 37 – 40, 1000 Brussels, Belgium

vs.

Słupskie Towarzystwo Koszykówki Sportowa Spółka Akcyjna (STK-SSA)

Przemyslowa 35, 76-200 Slupsk, Poland

-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:

Słupskie Towarzystwo Koszykówki Sportowa Spółka Akcyjna (STK-SSA) is ordered to pay to Mr. Christopher J. Kupcunas the amount of USD 3,955.00 for outstanding agent fees and late payment penalties plus interest of 5% p.a. on this amount since 31 March 2012.
Słupskie Towarzystwo Koszykówki Sportowa Spółka Akcyjna (STK-SSA) is ordered to pay to Mr. Christopher J. Kupcunas the amount of EUR 4,479.20 as a contribution towards his legal costs and expenses.… Read More

0262 Nikitovic vs. KK Crvena Zvezda, KK Crvena Zvezda Beograd – DIVA

ARBITRAL AWARD

(BAT 0262/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Raj Parker

in the arbitration proceedings between

Mr. Sasa Nikitovic -Claimant

represented by Mr. Andrea Raffaelli, attorney at law, Raffaelli Segreti Studio Legale, Via Marco De Marchi 2, 20121 Milan, Italy

vs.

KK Crvena Zvezda

Mali Kalemegdan 2, 11000 Belgrade, Serbia

-Respondent 1 –

KK Crvena Zvezda Beograd – DIVA

Stjepana Supanca 15a, 11000 Belgrade, Serbia

-Respondent 2

both represented by Mr. Rajko Ignjačević, attorney at law, Attorneys at Law Ignjačević, Starube Novaka, 11000 Belgrade, Serbia

1. The Parties

1.1 The Claimant

Mr. Sasa Nikitovic (hereinafter the “Claimant”) is a Serbian basketball coach.
In these proceedings, the Claimant is represented by Mr. Andrea Raffaelli, attorney at law, of Raffaelli Segreti Studio Legale, Via Marco De Marchi 2, 20121 Milan, Italy.
1.2 The Respondents

KK Crvena Zvezda (hereinafter the “First Respondent”) is an entity which played as a professional basketball club in Serbia until the end of the 2010-2011 season.… Read More

0294 Brown, Yam vs. Halcones UV Promotora Deportiva AC

ARBITRAL AWARD

(BAT 0294/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Klaus Reichert SC

in the arbitration proceedings between

Mr. Brandon Brown

c/o Mr. Rob Wilson

-Claimant 1 –

Mr. Alex Yam

c/o Mr. Rob Wilson

-Claimant 2

represented by Mr. Larry H. Fox 401 E. 80th Street, Suite 17F, New York, NY 10075, USA

vs.

Halcones UV Promotora Deportiva A.C.

Av. de las Culturas Veracruzanas No. 101, Col. Emiliano Zapata C.P., 91090 Xalapa, Mexico

-Respondent

1. The Parties

1.1 The Claimants

Mr. Brandon Brown (hereinafter referred to as “Claimant 1”) is a professional basketball player, who was retained by the Respondent, Halcones UV Promotora Deportiva A.C. for the 2011-2012 season.
Mr. Alex Yam (hereinafter referred to as “Claimant 2”) is a FIBA-certified basketball agent who represented Claimant 1 leading to the latter’s retainer by Respondent. Claimant 2 is a partner of Mr Robert Wilson of “Basketball beyond borders” (hereinafter referred to as “Mr Wilson”).
1.2 The Respondent

3. Halcones UV Promotora Deportiva A.C.… Read More

0320 Pensack vs. STK-SSA

ARBITRAL AWARD

(BAT 0320/12)

by the
BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Stephan Netzle

in the arbitration proceedings between

Mr. Benjamin Pensack -Claimant

vs.

Słupskie Towarzystwo Koszykówki Sportowa Spółka Akcyjna (STK-SSA)

ul. Przemyslowa 35, 76-200 Slupsk, Poland

-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:

Słupskie Towarzystwo Koszykówki Sportowa Spółka Akcyjna (STK-SSA) is ordered to pay to Mr. Benjamin Pensack the amount of EUR 368.82 as a contribution towards his legal costs and expenses.

The costs of this arbitration until the present Award, which were determined by the President of the BAT in the amount of EUR 2,510.00 shall be borne by Słupskie Towarzystwo Koszykówki Sportowa Spółka Akcyjna (STK-SSA) alone. Accordingly, Słupskie Towarzystwo Koszykówki Sportowa Spółka Akcyjna (STK-SSA) shall pay to Mr. Benjamin Pensack EUR 2,510.00. The balance of the Advance on Costs, in the amount of EUR 958.27, will be reimbursed to Mr.… Read More