Monthly Archives: September 2013

0391 Infante vs Basket Veroli

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ARBITRAL AWARD

(BAT 0391/13)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Klaus Reichert SC

in the arbitration proceedings between

Mr. Luca Infante

– 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 –

1. The Parties

1.1 The Claimant

1. Mr. Luca Infante (hereinafter referred to as “Player”) is a professional basketball player who was retained by Basket Veroli s.r.l. for the 2012-2013 season.

1.2 The Respondent

2. Basket Veroli s.r.l. (hereinafter referred to as “Respondent”) is a professional basketball club in Veroli, Italy.

2. The Arbitrator

3. On 6 May 2013, 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”). None of the Parties has raised any objections to the appointment of the Arbitrator or to his declaration of independence.… Read More

0382 Hayes vs BC Krasnye Krylia

ARBITRAL AWARD

(BAT 0382/13)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Ulrich Haas

in the arbitration proceedings between

Mr. Jarvis J. Hayes

– Claimant –

represented by Ms. Debora Zoli, attorney at law, Via Tuliero 102, 48018 Faenza, Italy
vs.

BC Krasnye Krylia

443011 Samara, Sovetskoy Armll STR 253A-340, Russia

– Respondent –

represented by Mr. Sergey Timofeev, General Director

1. The Parties

1.1 The Claimant

1. Mr. Jarvis J. Hayes (hereinafter also referred to as “the Claimant” or “the Player”) is a professional basketball player of US citizenship.

1.2 The Respondent

2. BC Krasnye Krylia (hereinafter also referred to as “the Club” or “the Claimant”) is a
Russian basketball club.

2. The Arbitrator

3. On 18 April 2013, the President of the Basketball Arbitral Tribunal (the “BAT”), Prof.
Richard H. McLaren, 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”). Neither of the Parties has raised any objections to the appointment of the Arbitrator or to his declaration of independence.… Read More

0357 Caracter, Walters vs. Guangdong Winnerway

ARBITRAL AWARD

(BAT 0357/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Quentin Byrne-Sutton

in the arbitration proceedings between

Mr. Derrick Caracter

c/o Relativity Sports, 9242 Beverly Blvd, Suite 300
Beverly Hills, CA 90210

– Claimant 1 –

Mr. Happy Walters

Relativity Sports, 9242 Beverly Blvd, Suite 300
Beverly Hills, CA 90210
both represented by Mr. Happy Walters vs.

Guangdong Winnerway Basketball Club Company Ltd.

c/o Mr. Zhiqiang Hu, Winnerway Hotel, No. 1 Hongyuan Road, Nancheng District, 523087 Dongguan City, Guangdong, China

– Claimant 2 –

– Respondent –

represented by Messrs. Antonio Rigozzi and William McAuliffe, attorneys at law, Lévy Kaufmann-Kohler, 3-5 Rue du Conseil Général, c.p. 552, 1211 Geneva, Switzerland

1. The Parties

1.1 The Claimants

1. Mr. Derrick Caracter is a professional basketball player (hereinafter referred to as “the
Player” or “Claimant 1”) from the United States of America.
2. Mr. Happy Walters (hereinafter referred to as “the Agent” or “Claimant 2”) is the
Player’s agent.
3. Claimants 1 and 2 are referred to jointly as “the Claimants”.… Read More

0349 Rakovic vs BC Zalgiris Kaunas

ARBITRAL AWARD

(BAT 0349/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Ulrich Haas

in the arbitration proceedings between

Mr. Milovan Rakovic

represented by Mr. Branko Pavlovic, attorney at law, Brace Radovanovica 16, Belgrade, Serbia
vs.

Basketball Club Zalgiris Kaunas (Vsl Kauno Zalgirio remejas)

Donelaicio street 60, 44248 Kaunas, Lithuania represented by Ms. Jolanta Spakauskaite, legal counsel

– Claimant –

– Respondent –

1. The Parties

1.1 The Claimant

1. Mr. Milovan Rakovic, is a Serbian professional basketball player (hereinafter referred to as “Player” or “Claimant”).

1.2 The Respondent

2. Basketball Club Zalgiris Kaunas – Vsl Kauno Zalgirio remejas (hereinafter referred to as
“Club” or “Respondent”) is a professional basketball club located in Kaunas, Lithuania.

2. The Arbitrator

3. On 22 January 2013, Prof. Richard H. McLaren, the President of the Basketball Arbitral Tribunal (the “BAT”) informed the parties that Prof. Dr. Ulrich Haas had been appointed as arbitrator (the “Arbitrator”) pursuant to Article 8.1 of the Rules of the Basketball Arbitral Tribunal (the “BAT Rules”).… Read More

0379 Anderson vs KK Buducnost Voli

ARBITRAL AWARD

(BAT 0379/13)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Raj Parker

in the arbitration proceedings between

Mr. Jermaine Anderson
– Claimant –

represented by Mr. Andreas Charalambous, advocate,

13 Karaiskakis Street, Office 228, 2nd floor, 3601 Limassol, Cyprus

vs.

KK Buducnost Voli

Njegosev Park, 81000 Podgorica, Montenegro

– 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. KK Buducnost Voli is ordered to pay to Mr. Jermaine Anderson compensation for unpaid salary payments in the amount of USD 21,000.00.
2. KK Buducnost Voli is ordered to pay to Mr. Jermaine Anderson interest in relation to unpaid salary payments at a rate of 5% per annum
a. on the amount of USD 4,000.00 from 2 May 2012, and b. on the amount of USD 17,000.00 from 2 June 2012.… Read More

0386 Koponen vs BC Virtus Pallacanestro Bologna

ARBITRAL AWARD

(BAT 0386/13)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Ms. Annett Rombach

in the arbitration proceedings between

Mr. Petteri Koponen

represented by Mr. Giovanni Facci, attorney at law,
Studio Legale Facci, Via Marconi n. 51, 40122 Bologna, Italy
vs.

BC Virtus Pallacanestro Bologna

Via dell’Arcoveggio n. 49/2, 40129 Bologna, Italy

– Claimant –

– Respondent –

1. The Parties

1.1 The Claimant

1. Mr. Petteri Koponen (the “Player” or “Claimant”), is a professional basketball player of
Finnish nationality.

1.2 The Respondent

2. BC Virtus Pallacanestro Bologna (the “Club” or “Respondent” and together with
Claimant the “Parties”) is a professional basketball club located in Bologna, Italy.

2. The Arbitrator

3. On 6 May 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”). None of the Parties has raised any objections to the appointment of the Arbitrator or to her declaration of independence.… Read More

0369 Esseghir vs El Geziera Basketball Club

ARBITRAL AWARD

(BAT 0369/13)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Quentin Byrne-Sutton

in the arbitration proceedings between

Mr. Mohamed Esseghir

– Claimant –

represented by Mr. Kevin T. Beck, attorney at law, Law Office of Kevin T. Beck, 259 Fourth Ave. North, St. Petersburg, FL 33701, U.S.A.
vs.

El Geziera Basketball Club

15 Saray St., Al Gezia, AL Zamalek, 11211 Cairo, Egypt
– Respondent –

1. The Parties

1.1 The Claimant

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

1.2 The Respondent

2. El Geziera Basketball Club (hereinafter referred to as “the Club” or “the Respondent”)
is a professional basketball club in Egypt.

2. The Arbitrator

3. On 5 March 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

0399 Court Side vs Virtus Pallacanestro Bologna

ARBITRAL AWARD

(BAT 0399/13)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Klaus Reichert SC

in the arbitration proceedings between

Court Side

Parkwijklaan 229, 1326 JT Almere, The Netherlands

– Claimant –

represented by Mr. Dejan Vidicki, Parkwijklaan 229,

1326 JT Almere, The Nertherlands

vs.

Virtus Pallacanestro Bologna S.p.A.

Via dell’Arcoveggio 49/2, 40129 Bologna, Italy

– 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. Virtus Pallacanestro Bologna S.p.A. is ordered to pay to Court Side outstanding agency fees in the amount of USD 22,000.00 together with interest at 1% per month from 1 February 2013 until payment.
2. Virtus Pallacanestro Bologna S.p.A. is ordered to pay to Court Side the amount of EUR 2,975.00 as a contribution towards its legal fees and expenses.
3. 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 3,575.00 shall be borne by Virtus Pallacanestro Bologna S.p.A.… Read More

0398 Strnad vs KAE Enosi Kalathosfairisis Kavalas

ARBITRAL AWARD

(BAT 0398/13)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Ms. Annett Rombach

in the arbitration proceedings between

Mr. Nejc Strnad

represented by Mr. Nilo Aguillar Effori,

SNR Denton, One Fleet Place, London ECM4 7WS, United Kingdom vs.

KAE Enosi Kalathosfairisis Kavalas

Dagkli 10, Kavala 65403, Greece

– Claimant –
– Respondent –

Arbitral Award 1/4 (BAT 0398/13)

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. KAE Enosi Kalathosfairisis Kavalas is ordered to pay to Mr. Nejc Strnad
EUR 14,000.00 net together with interest of 5% p.a.

– from 1 June 2011 on the amount of EUR 1,100;

– from 1 July 2011 on the amount of EUR 2,150;

– from 1 August 2011 on the amount of EUR 2,150;

– from 1 September 2011 on the amount of EUR 2,150;

– from 1 October 2011 on the amount of EUR 2,150;

– from 1 November 2011 on the amount of EUR 2,150;

– from 1 December 2011 on the amount of EUR 2,150.Read More

0384 Kress, Sports International Group, Botas Spor Kulübü version 1

ARBITRAL AWARD

(BAT 0384/13)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Klaus Reichert SC

in the arbitration proceedings between

Ms. Marina Kress
– Claimant 1 –
Sports International Group Inc.

267 Kentlands Blvd. Suite 105, Gaithersburg, MD 20878, Maryland Washington, USA

– Claimant 2 –

both represented by Mr. , Attorney at Law, Huzur

Mah. Oyaki Sitesi, Blok No: 27 Daire No: 29, 34396 Sisli, Istanbul, Turkey

vs.

Cemalpasa Mah. Gazipasa Blv. Gen Plaza No. 45, Kat.1 D.2,

01120 Adana, Turkey

– 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. is ordered to pay to Ms. Marina Kress outstanding bonuses in the amount of USD 4,000.00 net together with interest at 5% per annum from 25 February 2013 until payment.
2. is ordered to pay to Ms.… Read More