Monthly Archives: March 2013

0334 Scafati Basket vs. Marigney

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ARBITRAL AWARD

(BAT 0334/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Quentin Byrne-Sutton

in the arbitration proceedings between

Scafati Basket S.r.l.

Via della Gloria, 84018 Scafati, Italy
represented by Mr. Enrico Zorzi, Studio Legale Zorzi – Comeli
Via Nicola Palma 12, 64100 Teramo, Italy
vs.

Mr. Paul Lester Marigney

– Claimant –

– Respondent –

1. The Parties

1.1 The Claimant

1. Scafati Basket S.r.l. (hereinafter also referred to as “the Club” or “the Claimant”) is a
professional basketball club in Italy.

1.2 The Respondent

2. Mr. Paul Lester Marigney is an American professional basketball player (hereinafter
referred to as “the Player” or “Respondent”).

2. The Arbitrator

3. On 21 October 2012, Prof. Richard H. McLaren, the President of the Basketball Arbitral Tribunal (the “BAT”), appointed Mr. Quentin Byrne-Sutton 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 or to his declaration of independence.… Read More

0337 Atsur v Fenerbahçe Spor Kulubu


ARBITRAL AWARD

(BAT 0337/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Quentin Byrne-Sutton

in the arbitration proceedings between

Mr. Engin Atsur

-Claimant

represented by Mr. Togay Baki, attorney at law, Osmaniye Mah Mine Sok. Emre Konutlari, A Blok D:26, 34144 Bakirkoy-Istanbul, Turkey

vs.

Fenerbahçe Spor Kulübü

Lefter Kücükandonyadis Tesisleri Münir Nurettin Selcuk Cad., 34726 Istanbul, Turkey

-Respondent

represented by Mr. Özge Torkanli, attorney at law

1. The Parties

1.1 The Claimant

1. Mr. Engin Atsur is a professional basketball player from Turkey (hereinafter referred to as “the Player” or “Claimant”).

  1. The Respondent
  2. Fenerbahçe Spor Kulübü (hereinafter also referred to as “the Club” or “the Respondent”) is a professional basketball club in Turkey.

2. The Arbitrator

3. On 21 October 2012, Prof. Richard H. McLaren, the President of the Basketball Arbitral Tribunal (the “BAT”), appointed Mr. Quentin Byrne-Sutton as arbitrator (hereinafter the “Arbitrator”) pursuant to Article 8.1 of the Rules of the Basketball Arbitral Tribunal (hereinafter the “BAT Rules”).

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0347 Alexander, The Neustadt Group & ProTalent Sports Management v BC Krasnye Krylia Samara

ARBITRAL AWARD

(BAT 0347/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Klaus Reichert SC

in the arbitration proceedings between

Mr Joe Alexander -Claimant 1 –

The Neustadt Group

9107 Gaither Road, Suite B, Gaithersburg, Maryland 20877, USA

-Claimant 2 –

ProTalent Sports Management

P.T. House S.r.l., Via Montiano 14, 06073 Castelvieto – Corciano, Italy

-Claimant 3

represented by Mr Doug Neustadt and Mr Brett Friedman, The Neustadt Group, 9107 Gaither Road, Suite B, Gaithersburg, Maryland 20877, USA

vs.

BC Krasnye Krylia Samara

Sovetskoy Armii Str. 253a -340, Samara 443011, Russia

-Respondent

1. The Parties

1.1 The Claimants

1. Claimant 1, Joe Alexander (hereinafter referred to as “Player”) is a professional basketball player who was represented by the other Claimants, The Neustadt Group (Claimant 2, hereinafter referred to as “Neustadt”) and ProTalent Sports Management (Claimant 3, hereinafter referred to as “ProTalent”; and together with Neustadt the “Agents”), in his dealings with Respondent.

  1. The Respondent
  2. BC Krasnye Krylia Samara (hereinafter referred to as “Respondent”) is a professional basketball club in Samara, Russia.
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0335 Salyers, Zucker vs. Trabzonspor

ARBITRAL AWARD

(BAT 0335/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Ulrich Haas

in the arbitration proceedings between

Mr. Marc Salyers

– Claimant 1 – Mr. Guy Zucker

Zucker International, P.O. Box 2919, 94530 El Cerrito, California, USA

– Claimant 2 –

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

Trabzonspor Basketball Kulübü Dernegi

Mehmet Ali Yilmaz Tesisleri Ahmet Suat Özyazici Cad. Havalimani Alti,
61830 Trabzon, Turkey

– Respondent –

1. The Parties

1.1 The Claimants

1. Mr. Marc Salyers (hereinafter also referred to as “the Player” or “Claimant 1”) is a professional basketball player. Mr. Guy Zucker (hereinafter also referred to as “the Agent” or “Claimant 2”) is the agent of the Player.

1.2 The Respondent

2. Trabzonspor Basketball Kulübü Dernegi (hereinafter referred to as “Club” or “Respondent”) is a professional basketball club located in Turkey. The Club played in the second national division of Turkey during the season 2012/2013.… Read More

0306 Sujanova v Lover Sport KFT

ARBITRAL AWARD

(BAT 0306/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Prof. Dr. Ulrich Haas

in the arbitration proceedings between

Ms. Edita Šujanová

– Claimant –

vs.

Lover Sport KFT (Uni Seat Györ)

Kiskút liget 5764/1, 9027 Györ, Hungary

– Respondent –

represented by Mr. Balogh Gyula, General Manager

1. The Parties

1.1 The Claimant

1. The Claimant, Ms. Edita Šujanová, is a professional basketball player from the Czech Republic (hereinafter referred to as “Player” or “Claimant”).

  1. The Respondent
  2. Lover Sport KFT / Uni Seat Györ (hereinafter referred to as “Club” or “Respondent”) is a professional basketball club located in Györ, Hungary. The Club is represented by its general manager, Mr. Gyula Balogh.

2. The Arbitrator

3. On 2 August 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”).

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0345 FC Bayern München e-1.V. v Foster

ARBITRAL AWARD

(BAT 0345/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Stephan Netzle

in the arbitration proceedings between

FC Bayern München e.V.

Säbener Straße 51-57, 81547 Munich, Germany

-Claimant

represented by Mr. Marko Pesic, Sports Director, Siegenburger Straße 45, 81373 Munich, Germany

vs.

Mr. Je’Kel Foster -Respondent –

represented by Mr. Sébastien Ledure, attorney at law, Boulevard du Régent 37-40, 1000 Brussels, Belgium

1. The Parties

1.1. The Claimant

1. FC Bayern München e.V. (hereinafter the “Club”) is a sports club with various sports departments, inter alia basketball, and is located in Munich, Germany. The Club is represented by its Sports Director, Mr. Marko Pesic.

  1. The Respondent
  2. Mr. Je’Kel Foster (hereinafter the “Player”) is a professional basketball player of US nationality. He is represented by Mr. Sébastien Ledure, attorney at law in Brussels, Belgium.

2. The Arbitrator

3. On 23 November 2012, the President of the Basketball Arbitral Tribunal (hereinafter the “BAT”), Prof. Richard H. McLaren, appointed Dr.

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0316 Gist & Duffy Int’l, Inc. v Fenerbahçe Spor Kulubu

ARBITRAL AWARD

(BAT 0316/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Quentin Byrne-Sutton

in the arbitration proceedings between

Mr. James Gist

-Claimant 1 –

Bill A. Duffy International, Inc.

507 N. Gertruda Ave Redondo Beach, CA 90277, USA

-Claimant 2 –

Both represented by Mr. Billy Kuenzinger, Bill A. Duffy International, Inc.

vs.

Fenerbahçe Spor Kulübü

Lefter Kücükandonyadis Tesisleri Münir Nurettin Selcuk Cad. 34726 Istanbul, Turkey

-Respondent

represented by Mr. Özge Torkanli, attorney at law

1. The Parties

1.1 The Claimants

  1. Mr. James Gist is a professional basketball player from the USA (hereinafter referred to as “the Player” or “Claimant 1”).
  2. Bill A. Duffy International Inc. is a basketball agency (hereinafter “the Agent” or “Claimant 2”) representing the Player.
  3. Claimants 1 and 2 are referred to jointly as “the Claimants”.

1.2 The Respondent

4. Fenerbahçe Spor Kulübü (hereinafter also referred to as “the Club” or “the Respondent”) is a Turkish professional basketball club.

2. The Arbitrator

5.

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0309 Diamantopoulos v SAV Vacallo Basket

ARBITRAL AWARD

(BAT 0309/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Ulrich Haas

in the arbitration proceedings between

Mr. Georgios Diamantopoulos -Claimant

represented by Mr. Nikolaos Petratos-Livieratos, Attorney at Law 433 Agiou Nektariou str., Glyfada 16561, Greece

vs.

SAV Vacallo Basket

26 Via Bossi, 6830 Chiasso, Switzerland

-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:

  1. SAV Vacallo Basket is ordered to pay to Mr. Georgios Diamantopoulos outstanding salaries in the amount of USD 7,000 and late payment penalties in an amount of USD 1,450.
  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 4,500, shall be borne by SAV Vacallo Basket alone. Accordingly, SAV Vacallo Basket shall pay to Mr. Georgios Diamantopoulos EUR 4,500.
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