Monthly Archives: July 2013

0326 Lukauskis, XL Basketball Agency, Side by Side vs Basket Barcellona

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ARBITRAL AWARD

(BAT 0326/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Stephan Netzle

in the arbitration proceedings between

Mr. Mindaugas Lukauskis

– Claimant 1 –

XL Basketball Agency (Mr. Niksa Tarle)

Ozujska 7, 10000 Zagreb, Croatia

– Claimant 2 –

Side by Side (Mr. Stefano Meller)

Via Lazzaro Papi 18, 20135 Milan, Italy

– Claimant 3 –

all represented by Dr. Spelca Meznar, Ceferin Law Firm, Taborska 13, 1290 Grosuplje, Slovenia
vs.

Basket Barcellona S.r.l.

Via Roma 220, 98051 Barcellona Pozzi di Gotto, Italy

– Respondent –

represented by Mr. Florenzo Storelli, Studio Legale Storelli, Viale Cadorna 50, 55100 Lucca, Italy

1. The Parties

1.1. The Claimants

1. Mr. Mindaugas Lukauskis (hereinafter the “Player”) is a professional basketball player of Lithuanian nationality. The Player is represented by Dr. Spelca Meznar, attorney-at- law in Grosuplje, Slovenia.
2. XL Basketball Agency (hereinafter the “XLB Agency”) is a professional basketball agency located in Zagreb, Croatia. Mr. Niksa Tarle is a FIBA-licensed agent working with the XLB Agency.… Read More

0361 Hardy vs SS Felice Scandone Avellino

ARBITRAL AWARD

(BAT 0361/13)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Ms. Annett Rombach

in the arbitration proceedings between

Mr. Dwight Hardy Jr.

represented by Mr. Guillermo Lopez Arana and Mr. Mikel Abete Vecino, Attorneys at Law, c/ Maestro Ripoll 9, 28006 Madrid, Spain
vs.

S.S. Felice Scandone Avellino spa

Contrada Zoccolari, c/o PalaDelMauro, 83100 Avellino (AV), Italy
represented by Mr. Florenzo Storelli, Attorney at Law, V. le Cadorna 50, 55100 Lucca, Italy

– Claimant –

– Respondent –

1. The Parties

1.1 The Claimant

1. The Claimant, Mr. Dwight Hardy Jr. (the “Player” or “Claimant”), is a professional basketball player from the United States of America.

1.2 The Respondent

2. S.S. Felice Scandone Avellino spa (the “Club” or “Respondent”) is a professional basketball club with its seat in in Avellino, Italy.

2. The Arbitrator

3. On 25 February 2013, 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”).… Read More

0361 Hardy vs SS Felice Scandone Avellino

ARBITRAL AWARD

(BAT 0361/13)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Ms. Annett Rombach

in the arbitration proceedings between

Mr. Dwight Hardy Jr.

represented by Mr. Guillermo Lopez Arana and Mr. Mikel Abete Vecino, Attorneys at Law, c/ Maestro Ripoll 9, 28006 Madrid, Spain
vs.

S.S. Felice Scandone Avellino spa

Contrada Zoccolari, c/o PalaDelMauro, 83100 Avellino (AV), Italy
represented by Mr. Florenzo Storelli, Attorney at Law, V. le Cadorna 50, 55100 Lucca, Italy

– Claimant –

– Respondent –

1. The Parties

1.1 The Claimant

1. The Claimant, Mr. Dwight Hardy Jr. (the “Player” or “Claimant”), is a professional basketball player from the United States of America.

1.2 The Respondent

2. S.S. Felice Scandone Avellino spa (the “Club” or “Respondent”) is a professional basketball club with its seat in in Avellino, Italy.

2. The Arbitrator

3. On 25 February 2013, 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”).… Read More

0362 Marshall vs PAOK 2004 Basketball SA

ARBITRAL AWARD

(BAT 0362/13)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Quentin Byrne-Sutton

in the arbitration proceedings between

Mr. Rawle Marshall
– Claimant –

represented by Mr. Socrates Lambropoulos, attorney at law,

17 Pyrrou Str., 145 64 Athens, Greece

vs.

PAOK 2004 Basketball S.A.

11-13 Antoniou Tritsi Str., 55510 Pilea, Thessaloniki, Greece

– Respondent –

represented by its President, Mr. Bane Prelevic

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. PAOK 2004 Basketball S.A. shall pay Mr. Rawle Marshall the following amount as compensation for unpaid bonuses:

 USD 10,000.00, plus interest at 5% per annum on such amount from 10

January 2013 onwards.
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 2,915.00 shall be borne by PAOK 2004 Basketball S.A.… Read More

0314 Papaloukas vs. Olympiakos

ARBITRAL AWARD

(BAT 0314/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Raj Parker

in the arbitration proceedings between

Mr. Theodoros Papaloukas

– Claimant –

represented by Mr. Ioannis Mournianakis, attorney at law in Athens, Greece
vs.

Olympiacos KAE Basketball Club

– Respondent –

represented by Messrs. Massimo Coccia and Mario Vigna,
attorneys at law in Rome, Italy, as well as by Messrs. Dimitris Prassos and
George Prassos, attorneys at law in Piraeus, Greece

1. The Parties

1.1 The Claimant

1. Mr. Theodoros Papaloukas (hereinafter the “Claimant”) is a professional basketball
player from Greece.

1.2 The Respondent

2. Olympiacos KAE Basketball Club (hereinafter the “Respondent”) is a professional
basketball club based in Piraeus, Greece.

2. The Arbitrator

3. On 7 September 2012, the President of the Basketball Arbitral Tribunal (the “BAT”), Professor Richard H. McLaren, appointed Mr. Raj Parker as arbitrator (hereinafter the “Arbitrator”) pursuant to Article 8.1 of the Arbitration Rules of the BAT (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

0292 Moutran vs. Antranik YA

ARBITRAL AWARD

(BAT 0292/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Ulrich Haas

in the arbitration proceedings between

Mr. Ilias Moutran

represented by Mr. Pantelis Dedes, attorney at law,
2 Xanthou Street, 10673 Athens, Greece
vs.

Antranik Y.A.

Agbu demirdjian center, Naccach Highway, P.O. Box 402, Antelias, Beirut, Lebanon

– Claimant –

– Respondent –

represented by Mr. Vicken Tcherchian, President and Mr. Gilbert Messihi, attorney at law, Ashrafieh 738 Sioufi Street, Beirut, Lebanon

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. Antranik Y.A. is ordered to pay to Mr. Ilias Moutran the amount of USD 12,000 for unpaid salary plus interest in the amount of 5% per annum on the aforementioned amount from 21 May 2012.

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 Antranik Y.A.

Read More

0408 Yön Mejerlik vs. Aliaga

ARBITRAL AWARD

(BAT 0408/13)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Ms. Annett Rombach

in the arbitration proceedings between

Yön Menejerlik Egitim Spor Organizasyon ve Oyuncu Temsilciligi Limited Sirketi

Yildiz Posta Caddesi, Gönenoglu Sok., Beyazoglu Apt., No: 16/28, Gayrettepe, Istanbul, Turkey

represented by Mr. Hayri Ögelman,

Sakmar Law Offices, Cumhuriyet Cad., Pak. Apt., No: 30, Kat: 5, Daire: 11 Elmadag, Istanbul, Turkey

vs.

Aliaga Genclik ve Spor Kulübü Dernegi

Aliaga Genclik ve Spor Kulübü Idare Müdürlügü,

Aliaga Belediyesi Enka Spor Tesisleri, Aliaga, 35800 Izmir, Turkey

– Claimant –
– Respondent –

Arbitral Award 1/4 (BAT 0408/13)

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. Aliaga Genclik ve Spor Kulübü Dernegi is ordered to pay to Yön Menejerlik Egitim Spor Organizasyon ve Oyuncu Temsilciligi Limited Sirketi USD 3,500.00 net together with interest of 5% p.a.… Read More

0367 Ikonic, Stanojevic vs Karsiyaka Spor Kulübü Basketbol Sybesi

ARBITRAL AWARD

(BAT 0367/13)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Ms. Annett Rombach

in the arbitration proceedings between

Mr. Goran Ikonic

– Claimant 1 – Mr. Jovo Stanojevic

– Claimant 2 –

Both represented by Mr. Miodrag Raznatovic, Attorney at Law, Strahinjica Bana 18,11000 Belgrade, Serbia
vs.

Karsiyaka Spor Kulübü Basketbol Şubesi

Yalı Cad. No:396, 35530 Karsiyaka – Izmir, Turkey

– Respondent –

1. The Parties

1.1 The Claimants

1. The first claimant, Mr. Goran Ikonic (“Claimant 1”), is a professional basketball player of Slovenian nationality. The second claimant, Mr. Jovo Stanojevic (“Claimant 2” and together with Claimant 1 the “Claimants”), is a professional basketball player of Serbian nationality. During the 2011-2012 basketball season, Claimants were playing basketball for the Turkish Club Karsiyaka Spor Kulübü Basketbol Şubesi.

1.2 The Respondent

2. Karsiyaka Spor Kulübü Basketbol Şubesi (the “Club” or “Respondent” and together with
Claimants the “Parties”) is a professional basketball club located in Izmir, Turkey.

2. The Arbitrator

3. On 4 March 2013, Prof.… Read More

0360 Vasiljevic vs. Kolossos Rhodes KAE

ARBITRAL AWARD

(BAT 0360/13)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Raj Parker

in the arbitration proceedings between

Mr. Sasa Vasiljevic
– Claimant –

represented by Mr. Miodrag Raznatovic, attorney at law, Strahinjica bana 18, 11000 Belgrade, Serbia

vs.

Kolossos Rhodes KAE

1 Plateia Vrouchou, 85100 Rhodes, Greece

– Respondent –
AWARD

Upon providing both parties with an opportunity to be heard and make submissions, 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. Kolossos Rhodes KAE is ordered to pay to Mr. Sasa Vasiljevic compensation for unpaid salary and bonus payments in the amount of EUR 30,000.00.
2. Kolossos Rhodes KAE is ordered to pay to Mr. Sasa Vasiljevic interest of 5% p.a. on the amount of EUR 30,000.00 for a period of 6 months (i.e. a total amount of EUR 750.00).
3. Kolossos Rhodes KAE is ordered to pay to Mr.… Read More

0373 Katic vs BC Partizan MTS

ARBITRAL AWARD

(BAT 0373/13)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Quentin Byrne-Sutton

in the arbitration proceedings between

Mr. Rasko Katic

– Claimant –

represented by Mr. Zoran Toskovic, attorney at law, Bulevar Kralja Aleksandra St. 274, 11000 Belgrade, Serbia
vs.

Basketball Club Partizan MTS

Humska 1, 11000 Belgrade, Serbia

– Respondent –

represented by Mr. Ilija Drazic, attorney at law, Drazic, Beatovic & Stojic LLP, Kralja Milana 29,
11000 Belgrade, Serbia

1. The Parties

1.1 The Claimant

1. Mr. Rasko Katic is a professional basketball player (hereinafter referred to as “the
Player” or “Claimant”).

1.2 The Respondent

2. Basketball Club Partizan MTS (hereinafter also referred to as “the Club” or “the
Respondent”) is a professional basketball club in Serbia.

2. The Arbitrator

3. On 16 April 2013, 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”).… Read More