Monthly Archives: February 2013

0302 Markota vs. BC Cibona

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ARBITRAL AWARD

(BAT 0302/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Stephan Netzle

in the arbitration proceedings between

Mr. Damir Markota

– Claimant –

represented by Ms. Koraljka Tomasic, attorney-at-law
vs.

BC Cibona

Savska Cesta 30, 10000 Zagreb, Croatia

– Respondent –

represented by its Director, Mr. Zdenko Antunovic

1. The Parties

1.1. The Claimant

1. Mr. Damir Markota (hereinafter the “Player”) is a professional basketball player of Croatian nationality. He is represented by Ms. Koraljka Tomasic, attorney-at-law in Zagreb, Croatia.

1.2. The Respondent

2. BC Cibona (hereinafter the “Club”) is a professional basketball club located in Zagreb, Croatia. The Club is represented by its Director, Mr. Zdenko Antunovic.

2. The Arbitrator

3. On 24 July 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”). Neither of the Parties has raised any objections to the appointment of the Arbitrator nor to his declaration of independence.… Read More

0323 Octagon vs. Halcones

ARBITRAL AWARD

(BAT 0323/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Klaus Reichert SC

in the arbitration proceedings between

Octagon, Inc.

7950 Jones Branch Drive, Suite 700N, McLean, VA 22107, USA

– Claimant –

represented by Mr. Paul Haase, Octagon, Inc.,
7950 Jones Branch Drive, Suite 700N, McLean, VA 22107, USA
vs.

Halcones UV Promotora Deportiva A.C.

Av. de las Culturas Veracruzanas Num. 101,
Colonia Emiliano Zapata C.P., 91090 Jalapa, Veracruz, Mexico

– Respondent –

1. The Parties

1.1 The Claimant

1. Octagon, Inc. (hereinafter referred to as “Claimant”) is a basketball agency which represented a professional basketball player, Mr. Adam Parada, leading to the latter’s retainer by Respondent by agreement dated 27 July 2010.

1.2 The Respondent

2. Halcones UV Promotora Deportiva A.C. (hereinafter referred to as “Respondent”) is a
professional basketball club in Jalapa, Mexico.

2. The Arbitrator

3. On 9 September 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

0315 Hernandez, Octagon vs. Halcones

ARBITRAL AWARD

(BAT 0315/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Klaus Reichert SC

in the arbitration proceedings between

Mr. Chris Hernandez

c/o Octagon, Inc., 7950 Jones Branch Drive, Suite 700N, McLean, VA 22107, USA

– Claimant 1 –

Octagon, Inc.

7950 Jones Branch Drive, Suite 700N, McLean, VA 22107, USA

– Claimant 2 –

both represented by Mr. Alex Saratsis and Mr. Paul Haase, Octagon, Inc.,
7950 Jones Branch Drive, Suite 700N, McLean, VA 22107, USA
vs.

Halcones UV Promotora Deportiva A.C.

Av. de las Culturas Veracruzanas Num. 101,
Colonia Emiliano Zapata C.P., 91090 Jalapa, Veracruz, Mexico

– Respondent –

1. The Parties

1.1 The Claimants

1. Mr. Chris Hernandez (hereinafter referred to as “Claimant 1”) is a professional basketball player, who was retained by the Respondent, Halcones UV Promotora Deportiva A.C., for part of the 2010-2011 season and the 2011-2012 season.
2. Octagon, Inc. (hereinafter referred to as “Claimant 2”) is a basketball agency who
represented Claimant 1 leading to the latter’s retainer by Respondent.… Read More

0323 Octagon vs. Halcones

ARBITRAL AWARD

(BAT 0323/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Klaus Reichert SC

in the arbitration proceedings between

Octagon, Inc.

7950 Jones Branch Drive, Suite 700N, McLean, VA 22107, USA

– Claimant –

represented by Mr. Paul Haase, Octagon, Inc.,
7950 Jones Branch Drive, Suite 700N, McLean, VA 22107, USA
vs.

Halcones UV Promotora Deportiva A.C.

Av. de las Culturas Veracruzanas Num. 101,
Colonia Emiliano Zapata C.P., 91090 Jalapa, Veracruz, Mexico

– Respondent –

1. The Parties

1.1 The Claimant

1. Octagon, Inc. (hereinafter referred to as “Claimant”) is a basketball agency which represented a professional basketball player, Mr. Adam Parada, leading to the latter’s retainer by Respondent by agreement dated 27 July 2010.

1.2 The Respondent

2. Halcones UV Promotora Deportiva A.C. (hereinafter referred to as “Respondent”) is a
professional basketball club in Jalapa, Mexico.

2. The Arbitrator

3. On 9 September 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

0315 Hernandez, Octagon vs. Halcones

ARBITRAL AWARD

(BAT 0315/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Klaus Reichert SC

in the arbitration proceedings between

Mr. Chris Hernandez

c/o Octagon, Inc., 7950 Jones Branch Drive, Suite 700N, McLean, VA 22107, USA

– Claimant 1 –

Octagon, Inc.

7950 Jones Branch Drive, Suite 700N, McLean, VA 22107, USA

– Claimant 2 –

both represented by Mr. Alex Saratsis and Mr. Paul Haase, Octagon, Inc.,
7950 Jones Branch Drive, Suite 700N, McLean, VA 22107, USA
vs.

Halcones UV Promotora Deportiva A.C.

Av. de las Culturas Veracruzanas Num. 101,
Colonia Emiliano Zapata C.P., 91090 Jalapa, Veracruz, Mexico

– Respondent –

1. The Parties

1.1 The Claimants

1. Mr. Chris Hernandez (hereinafter referred to as “Claimant 1”) is a professional basketball player, who was retained by the Respondent, Halcones UV Promotora Deportiva A.C., for part of the 2010-2011 season and the 2011-2012 season.
2. Octagon, Inc. (hereinafter referred to as “Claimant 2”) is a basketball agency who
represented Claimant 1 leading to the latter’s retainer by Respondent.… Read More

0302 Markota vs. BC Cibona

ARBITRAL AWARD

(BAT 0302/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Stephan Netzle

in the arbitration proceedings between

Mr. Damir Markota

– Claimant –

represented by Ms. Koraljka Tomasic, attorney-at-law
vs.

BC Cibona

Savska Cesta 30, 10000 Zagreb, Croatia

– Respondent –

represented by its Director, Mr. Zdenko Antunovic

1. The Parties

1.1. The Claimant

1. Mr. Damir Markota (hereinafter the “Player”) is a professional basketball player of Croatian nationality. He is represented by Ms. Koraljka Tomasic, attorney-at-law in Zagreb, Croatia.

1.2. The Respondent

2. BC Cibona (hereinafter the “Club”) is a professional basketball club located in Zagreb, Croatia. The Club is represented by its Director, Mr. Zdenko Antunovic.

2. The Arbitrator

3. On 24 July 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”). Neither of the Parties has raised any objections to the appointment of the Arbitrator nor to his declaration of independence.… Read More

0325 Donald v Xinjiang Guanghui Flying Tigers Basketball Club

(BAT 0325/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Quentin Byrne-Sutton

in the arbitration proceedings between

Mr. Curtis Alan Donald

-Claimant

vs

Xinjiang Guanghui Flying Tigers Basketball Club

N° 136, East Wenquan Road Urumqi 830017, P.R. China

-Respondent

represented by Ms. Wang Wei, attorney at law, Beijing Dacheng (Jinan) Law Offices, 0302 No. 10 Shuntai Square, No. 2000 Shunhua Road, Jinan 250101, P.R. China

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. Xinjiang Guanghui Flying Tigers Basketball Club shall pay Mr. Curtis Alan Donald the following amounts as compensation for unpaid salaries:

  • USD 4,000.00, plus interest at 5% per annum on such amount from 2 June 2012 onwards;
  • USD 4,000.00, plus interest at 5% per annum on such amount from 2 July 2012 onwards;
  • USD 4,000.00, plus interest at 5% per annum on such amount from 2 August 2012 onwards; and
  • USD 4,000.00, plus interest at 5% per annum on such amount from 2 September 2012 onwards.
Read More

0336 Golemac v Kolossos Rhodes BC

ARBITRAL AWARD

(BAT 0336/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Ms. Annett Rombach

in the arbitration proceedings between

Mr. Jurica Golemac

-Claimant

represented by Mr. Miodrag Raznatovic, Attorney at Law, Strahinjica bana 18,11000 Belgrade, Serbia

vs.

Kolossos Rhodes Basketball Club

1 Plateia Vrouchou, 85100 Rhodes Island, Greece

-Respondent

represented by Mr. Aris Lychnaras, Attorney at Law, 28 Ioulianou & 3rd Septemvriou, 104 34 Athens, Greece

1. The Parties

1.1 The Claimant

1. The Claimant, Mr. Jurica Golemac (the “Player” or “Claimant”), is a professional basketball player of Slovenian nationality.

  1. The Respondent
  2. Kolossos Rhodes Basketball Club (the “Club” or “Respondent”) is a professional basketball club located in Rhodes Island, Greece.

2. The Arbitrator

3. On 26 November 2012, Prof. Richard H. McLaren, the President of the Basketball Arbitral Tribunal (the “BAT”) appointed Ms. Annett Rombach as arbitrator (the “Arbitrator”) pursuant to Article 8.1 of the Rules of the Basketball Arbitral Tribunal (the “BAT Rules”). Neither of the Parties has raised any objections to the appointment of the Arbitrator nor to her declaration of independence.

Read More

0331 Fast Break Co. v Besiktas Jimnastik Kulubu

ARBITRAL AWARD

(BAT 0331/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Raj Parker

in the arbitration proceedings between

Fast Break Company

Bridle Lane, Glen Cove, NY 11542, USA

-Claimant

represented by Mr. Branko Pavlovic, Attorney at Law, Brace Radovanovica 16 Street, Belgrade, Serbia

vs.

Besiktas Jimnastik Kulübü

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

-Respondent

represented by Mr. Emin Özkurt, Attorney at Law, Özkurt Law Office, Inönü Cad. Gözcü Apt. No: 35/2 Kat: 2 Gümüşsuyu-Beyoglu, 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. Besiktas Jimnastik Kulübü is ordered to pay to Fast Break Company compensation for unpaid agent’s fees in the amount of EUR 25,000.00.
  2. Besiktas Jimnastik Kulübü is ordered to pay to Fast Break Company interest of 5% p.a. on the amount of EUR 25,000.00 from 16 October 2011.
Read More