Monthly Archives: June 2013

0341 Interperformances vs Cakarevic

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ARBITRAL AWARD

(BAT 0341/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Stephan Netzle

in the arbitration proceedings between

Interperformances, Inc.

Via degli Aceri 14, 47892 Gualdicciolo, Republic of San Marino
represented by Mr. John B. Kern,
JBK International Consulting LLC, Via degli Aceri 14,
47892 Gualdicciolo, Republic of San Marino

– Claimant –

vs.

Mr. Marko Čakarevič

represented by Messrs. Massimo Coccia and Stefano Brustia, c/o Coccia de Angelis Pardo, Piazza Adriana, 15
00193 Rome, Italy

– Respondent –

1. The Parties

1.1. The Claimant

1. Interperformances, Inc. (hereinafter the “Agency”), is a basketball agency with offices in Gualdicciolo in the Republic of San Marino and other locations. It is represented by Mr. John B. Kern, attorney-at-law practicing in Charleston, USA and Gualdicciolo, San Ma- rino.

1.2. The Respondent

2. Mr. Marko Čakarevič (hereinafter the “Player”), is a professional basketball player from Serbia. He is represented by Mr. Massimo Coccia and Mr. Stefano Brustia, attorneys- at-law in Rome, Italy.

2.

Read More

Meet our Arbitration Lawyers: Richard Faulkner

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Richard D. Faulkner
J.D., L.L.M, Dip, Intnl. Comm. Arb.

The IBPA employs the law firm of Blume, Faulkner, Skeen & Northam PLLC in Richardson, Texas (BFSN Law) to arbitrate claims with the BAT. One of the lawyers working on the cases is Richard Faulkner. Mr. Faulkner, besides being a partner at BFSN Law, has over 30 years of experience in international arbitration. He was the lead arbitrator in the famous sports arbitration, Lance Armstrong and Tailwind Sports, Inc. v. SCA Promotions, Inc. et al. He has also served as Arbitration Counsel in multiple insurance arbitrations in U.K. and Bermuda in USD $100,000,000.00 cases.

 

Mr. Faulkner has a diploma in International Commercial Arbitration from the Chartered Institute of Arbitrators, which is one of, if not the, most respected degree in international arbitration in the world. He has taught Alternative Dispute Resolution at a local Dallas law school and served as a municipal judge. Needless to say, Mr.… Read More

0346 Fisher, U1st Sports vs. Fujian

ARBITRAL AWARD

(BAT 0346/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Quentin Byrne-Sutton

in the arbitration proceedings between

Mr. Joshua Lee Fisher

– Claimant 1 –

U1st Sports Basket España S.L.

c/ Maestro Ripoll 9, 28006 Madrid, Spain
Both represented by Mr. Guillermo López Arana
and Mr. Mikel Abete Vecino, U1st Sports Basket España S.L.
vs.

Fujian SBS Xunxing Basketbal Club., Ltd.

Ying Xun Sports Center Basketball Club
362200 Jinjiang City, Fujian Province, China
represented by Mr. Richard Faulkner and Mr. Chuck Bennett, Blume, Faulkner, Skeen & Northam, PLLC, 111 W. Spring Valley Rd. Suite 250, Richardson, Texas 75081, USA

– Claimant 2 –

– Respondent –

1. The Parties

1.1 The Claimants

1. Mr. Joshua Lee Fisher is a professional basketball player (hereinafter referred to as
“the Player” or “Claimant 1”).
2. U1st Sports Basket España S.L. is a basketball agency established by FIBA-certified agents (hereinafter “the Agent” or “Claimant 2”) and is representing the Player.
3. Claimants 1 and 2 are referred to jointly as “the Claimants”.… Read More

0344 Vandersloot vs. Besiktas JK

ARBITRAL AWARD

(BAT 0344/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Stephan Netzle

in the arbitration proceedings between

Ms. Courtney Vandersloot

– Claimant –

represented by Mr. Howard L. Jacobs, attorney-at-law,
2815 Townsgate Rd., Suite 200, Westlake Village, CA 91361, USA
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, Inönü Caddesi, Gözcu Apartmani, No: 35,
Kat: 2, Gümüssuyu-Beyoglu, Istanbul, Turkey

1. The Parties

1.1. The Claimant

1. Ms. Courtney Vandersloot (hereinafter the “Player”) is a professional basketball player of US nationality. She is represented by Mr. Howard L. Jacobs, attorney-at-law in California, USA.

1.2. The Respondent

2. Besiktas Jimnastik Kulübü (hereinafter the “Club”) is a professional sport club with several sports departments, including basketball, located in Istanbul, Turkey. The Club is represented by Mr. Emin Özkurt, attorney-at-law in Istanbul, Turkey.

2. The Arbitrator

3. On 21 October 2012, the President of the Basketball Arbitral Tribunal (hereinafter the “BAT”), Prof.… Read More

The Rule of Law in BAT Cases: Ex Aequo et Bono

380x285-cz5tOne of the most common questions we hear about BAT cases is what law does the Tribunal use. The answer: ex aequo et bono, which is a Latin phrase that means “In equity and good conscience” legal-dictionary.com. The BAT rules state ex aequo et bono means the arbitrator applies “general considerations of justice and fairness without reference to any particular national or international law.” BAT Rule 15.1. But what does that mean? Essentially, the BAT decides cases based on fairness and equity for the betterment of the parties.

 

This can be a confusing concept for many who are used to state and federal statutes being applied in their home courts. Especially individuals who come from civil law jurisdictions based on the Napoleonic Code, which include most of Europe and Latin America. The civil code is a series of very specific statutes that pronounce the law in a particular state. The law is written, stemming from statutes, and is not decided by the particular tribunal hearing the dispute.… Read More

0371 Cortese v Basket Veroli

ARBITRAL AWARD

(BAT 0371/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Ms. Annett Rombach

in the arbitration proceedings between

Mr. Riccardo Cortese
– Claimant –

represented by Mr. Giuseppe Cassi, Attorney at Law, Via Archimede 18, 97100 Ragusa, Italy

vs.

Basket Veroli s.r.l.

Parco della Rimembranza 51, 03029 Veroli (FR), Italy

– Respondent –

represented by its President, Mr. Leonardo Zeppieri

Arbitral Award 1/3 (BAT 0371/12)

AWARD

Upon providing both parties with an opportunity to be heard, having ascertained her 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. Basket Veroli s.r.l. is ordered to pay to Mr. Riccardo Cortese EUR 2,023 net together with interest of 5% p.a. on such amount from 1 July 2012.
2. Basket Veroli s.r.l. is ordered to pay to Mr. Riccardo Cortese EUR 10,000 together with interest of 5% p.a. on such amount from 11 July 2012.
3. Basket Veroli s.r.l.… Read More

0319 Romero, Assist Sports Management vs. Indios de Mayaguez

ARBITRAL AWARD

(BAT 0319/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Quentin Byrne-Sutton

in the arbitration proceedings between

Mr. Hector Romero

– Claimant 1 – Assist Sports Management, Inc.

P.O. Box 458, 19514 Chappaqua, New York, USA
Both represented by Mr. Juan de Dios Crespo Perez, attorney at law, Avenida Reino de Valencia 19, 4ª, 46005 Valencia, Spain
vs.

Indios de Mayaguez

P.O. Box 3338, 00681 Mayaguez, Puerto Rico

– Claimant 2 –

– Respondent –

1. The Parties

1.1 The Claimants

1. Mr. Hector Romero is a Venezuelan professional basketball player (hereinafter referred
to as “the Player” or “Claimant 1”).
2. Assist Sports Management Inc. is the Player’s agent (hereinafter “the Agent” or
“Claimant 2”).
3. Claimants 1 and 2 are referred to jointly as “the Claimants”.

1.2 The Respondent

4. Indios de Mayaguez (hereinafter also referred to as “the Club” or “the Respondent”) is
a professional basketball club in Puerto Rico.

2. The Arbitrator

5. On 5 September 2012, Prof.… Read More

Why do I need a lawyer for my BAT Case?

Many players and clubs do not retain counsel for BAT arbitrations, often to their detriment. BAT arbitrations are touted as quick, efficient, and relatively inexpensive. See BAT Rule 0.1, 0.2. But this does not mean the proceedings are uncomplicated. IBPA’s researchers have discovered many cases that hinged on complex legal issues, such as the scope of the arbitration agreement and jurisdiction of the BAT.

 

For example, in 0051, Pesic v. Dynamo, a dispute between a Serbian/German coach (the “Coach”) and Russian Men’s Basketball Club (the “Club”), the contract at issue contained confusing provisions providing for disputes to be litigated in a Russian Arbitral Tribunal and the BAT. The Club argued that the Coach had to litigate in the Russian Arbitral Tribunal first and could only appeal to the BAT afterwards. Citing http://www.supcourt.ru/catalog.php?c1=English, the arbitrator decided that this construction of the contract made no sense because the Russian Arbitral Tribunal was actually a state court with its own complex appeals system.… Read More

0339 Davis vs. BC Kryvbasket

ARBITRAL AWARD

(BAT 0339/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Raj Parker

in the arbitration proceedings between

Mr. Bryan Davis
– Claimant –

represented by Mr. Michael Naiditch,

vs.

BC Kryvbasbasket

Volosevicha Str, 1-E, Krivoy Rog 50007, Ukraine

– Respondent –

represented by its President, Mr. A.G. Buryak

AWARD

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. BC Kryvbasbasket is ordered to pay to Mr. Bryan Davis outstanding salary in the amount of USD 3,000.
2. BC Kryvbasbasket is ordered to pay to Mr. Bryan Davis late payment penalties in the amount of USD 3,000.
3. Each party shall bear its own legal fees and expenses.
4. 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
5,000, shall be borne equally by the parties.… Read More

0342 Harris, Lelchitski vs. Besiktas JK

ARBITRAL AWARD

(BAT 0342/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Klaus Reichert SC

in the arbitration proceedings between

Ms. Amber Harris

– Claimant 1 –

Mr. Boris Lelchitski

Sport International Group Inc., 267 Kentlands Blvd. Suite 105, Gaithersburg, MD 20878, Washington, USA

– Claimant 2 –

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

Beşiktaş Jimnastik Kulübü Derneği

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

– Respondent –

represented by Mr. Emin Ozkurt, Attorney at Law, Inönü Caddesi,
Gözeü Apartmani, No: 35, Kat: 2, Gümüşsuyu-Beyoğlu, Istanbul, Turkey

1. The Parties

1.1 The Claimants

1. Claimant 1, Amber Harris (hereinafter referred to as “Player”) is a professional basketball player who was represented by the other Claimant, Boris Lelchitski (Claimant 2, hereinafter referred to as “Agent”) in her dealings with Respondent.

1.2 The Respondent

2. Beşiktaş Jimnastik Kulübü Derneği (hereinafter referred to as “Respondent”) is a
professional basketball club in Istanbul, Turkey.… Read More