Monthly Archives: November 2013

Is the BAT Fair? The Danger of no Appeals Process and the Arbitrator’s ex aequo et bono Power

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Is the BAT arbitration process unfair?

Is this unfair?

In recent articles we have explored the ex aequo et bono rule of law and lack of a real appeals process in the BAT. In this article I will combine these two concepts together to discuss the potential dangers of a system such as the BAT.

 

The relationship between the BAT and FIBA may call into question the independence of the BAT. In the early days of the BAT, the tribunal was called the FIBA Arbitral Tribunal. The BAT was originally funded by FIBA and is still to this day guaranteed by FIBA. See FIBA Reg 296 (The financing of the BAT is guaranteed by FIBA, it being understood that the BAT is designed to be self-financing). The tribunal’s name was changed in an attempt to make the independence of the BAT more clear (it was also changed so people would stop referring to the female BAT secretariat as the “FAT lady”).

 

This name change may have been partly influenced by a similar relationship between the Court of Arbitration for Sport (“CAS”) and the International Olympic Committee (“IOC”). … Read More

0381 Basketball Nymburk vs. Abrams

ARBITRAL AWARD

(BAT 0381/13)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Quentin Byrne-Sutton

in the arbitration proceedings between

Basketball Nymburk A.S.

Komenského 589, 288 02 Nymburk, Czech Republic

– Claimant –

represented by Mr. Jakub Kotrba, attorney at law, Advokátní kancelář Jansta, Kostka spol. s.r.o., Těšnov 1/1059, 110 00 Praha 1, Czech Republic
vs.

Mr. Adrian Glenn Abrams

– Respondent –

1. The Parties

1.1 The Claimant

1. Basketball Nymburk A.S. (hereinafter also referred to as “the Club” or “the Claimant”) is
a professional basketball club in the Czech Republic.

1.2 The Respondent

2. Mr. Adrian Glenn Abrams is a professional basketball player (hereinafter referred to as
“the Player” or “Respondent”).

2. The Arbitrator

3. On 18 April 2013, Prof. Richard H. McLaren, 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

0420 Janning vs. A.S. Junior Pallacanestro Casale Monferrato

ARBITRAL AWARD

(BAT 0420/13)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Raj Parker

in the arbitration proceedings between

Mr. Matt Janning
– Claimant –

represented by Mr. Jonathan R. DeLong, attorney at law,

5 Balgreen Ct., Bradford, MA 01835, USA

vs.

A.S. Junior Pallacanestro Casale Monferrato, aka
Novipiù Casale Monferrato

Via Garibaldi 45, 15033 Casale Monferrato, Italy

– Respondent –

represented by Mr. Pierluigi Rossi, CEO, and by Mr. Mario Setragno, attorney at law

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. A.S. Junior Pallacanestro Casale Monferrato, aka Novipiù Casale Monferrato, is ordered to pay Mr. Matt Janning compensation for unpaid salary payments in the amount of USD 12,000.00 plus interest at 5% per annum on said amount from 13 August 2013 until the date that payment is made.… Read More

0285 Smith vs. Zhejiang

ARBITRAL AWARD

(BAT 0285/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Klaus Reichert SC

in the arbitration proceedings between

Mr. Earl Smith

– Claimant –

represented by Mr. Ergun Benan Arseven, Moroglu Arseven, Odakule Kat: 12 Istiklal Cad. No: 14, Beyoglu, Istanbul, Turkey
vs.

Zhejiang Chouzhou Professional Basketball Club Co., Ltd.

#6 Build, Xingzhenglou, No.153 Tiyuchang Road, Xiacheng District, Hangzhou, Zhejiang Province, China 310004

– Respondent –

represented by Mr. Antonio Rigozzi, Lévy Kaufmann-Kohler,
3-5 rue du Conseil-Général, P.O. Box 552, 1211 Geneva 4, Switzerland

1. The Parties

1.1 The Claimant

1. Mr. Earl Smith (hereinafter referred to as “Player”) is an American professional basketball player.

1.2 The Respondent

2. Zhejiang Chouzhou Professional Basketball Club Co., Ltd. (hereinafter referred to as
“Respondent”) is a professional basketball club in the Province of Zhejiang, China.

2. The Arbitrator

3. On 28 May 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

American Players file BAT Arbitrations against SS Sutor Srl

In a widely disseminated letter, BFSN Law announced that it has filed arbitrations with the Basketball Arbitral Tribunal on behalf of four former American players of SS Sutor Srl, of Montegranaro, Italy, a team currently playing in Serie A.

 

BFSN Law stated that it “represents former Sutor players Christian Burns, Kyle Johnson, Ron Steele, and Tamar Slay,” and that “Sutor has failed to honor its obligations to all of these Players.” The letter states that “[w]hen these parties win the arbitrations, Sutor’s total liability, including interest, costs, and legal fees, will likely exceed $591,000.00.”

 

Sutor has apparently failed to respond to attempts by BFSN Law to amicably settle the dispute without the need of BAT arbitrations.

 

Click below to view a copy of the original letter:

 

20131112_Sutor Press ReleaseRead More

0404 Cusorth vs. Basquet Manresa

ARBITRAL AWARD

(BAT 0404/13)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Ms. Annett Rombach

in the arbitration proceedings between

Mr. Brian Cusworth

– Claimant –

represented by Mr. Guillermo Lopez Arana and Mr. Mikel Abete Vecino, attorneys at law, U1st Sports, C/ Maestro Ripoll 9, 28006 Madrid, Spain
vs.

Club Basquet Manresa S.A.D.

Crta. Manresa-St. Joan s/n, Pavelló Nou Congost,
08241 Manresa, Spain

– Respondent –

represented by Mr. Josep Vives Portell, CEO

1. The Parties

1.1 The Claimant

1. Mr. Brian Cusworth (the “Player” or “Claimant”), is a professional basketball player of
U.S. nationality.

1.2 The Respondent

2. Club Basquet Manresa S.A.D. (the “Club” or “Respondent” and together with Claimant the “Parties”) is a professional basketball club located in Manresa, Spain.

2. The Arbitrator

3. On 17 June 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

0425 Lewis, Octagon vs. Antalya Buyuksehir Spor Kulubu Dernegi

ARBITRAL AWARD

(BAT 0425/13)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Quentin Byrne-Sutton

in the arbitration proceedings between

Mr. Ron Lewis,

c/o Alexandros Saratsis,
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 –

vs.

Antalya Buyuksehir Spor Kulubu Dernegi, c/o Geelik Mah. 1311 sok N° 11 Muratpaso, Antalya, Turkey

– Respondent –

1. The Parties

1.1 The Claimants

1. Mr. Ron Lewis is a professional basketball player (hereinafter referred to as “the
Player” or “Claimant 1”).
2. Octagon, Inc. (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”.

1.2 The Respondent

4. Antalya Buyuksehir Spor Kulubu Dernegi (hereinafter also referred to as “the Club” or
“the Respondent”) is a professional basketball club in Turkey.

2. The Arbitrator

5. On 1 August 2013, Prof.… Read More

0374 Giricek vs. KK Cibona Zagreb

ARBITRAL AWARD

(BAT 0374/13)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Raj Parker

in the arbitration proceedings between

Mr. Gordan Giriček

– Claimant –

represented by Mr. Andrea Raffaelli, attorney at law, Milan, Italy
vs.

KK Cibona Zagreb

– Respondent –

1. The Parties

1.1 The Claimant

1. Mr. Gordan Giriček (hereinafter the “Claimant”) is a professional basketball player from
Croatia.

1.2 The Respondent

2. KK Cibona Zagreb (hereinafter the “Respondent”) is a professional basketball club
based in Zagreb, Croatia.

2. The Arbitrator

3. On 16 April 2013, 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.

3. Facts and Proceedings

3.1 Summary of the Dispute

4. On 24 December 2010, the Claimant and the Respondent entered into a “Standard

Arbitral Award 2/17

(BAT 0374/13)

Player’s Contract” under which the Respondent engaged the Claimant as a professional basketball player for the remainder of the 2010-2011 basketball season (hereinafter the “Contract”).… Read More

0437 Nemeth, Dekeirel vs. SKBD Rücon

ARBITRAL AWARD

(BAT 0437/13)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Quentin Byrne-Sutton

in the arbitration proceedings between

Ms. Bernadette Nemeth
– Claimant 1 –

represented by Mr. Sébastien Dekeirel

Mr. Sébastien Dekeirel

Basket Promotion Agency, 40, rue du Petit Ennetières,

59710 Avelin, France

– Claimant 2 –

vs.

SKBD Rücon Spisska Nova Ves

Jilemnickeho 8, 03601 Novas Ves, Slovakia

– 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. SKBD Rücon Spisska Nova Ves shall pay Ms. Bernadette Nemeth the following amounts, net of taxes:

 EUR 2,500, as compensation for outstanding salaries, plus interest at

5% per annum on such amount from 24 April 2013 onwards.

 EUR 1,500, as compensation for outstanding bonuses, plus interest at

5% per annum on such amount from 24 April 2013 onwards.… Read More

0310 Hoffman, Wiggins, Giapalakis vs. Besiktas

ARBITRAL AWARD

(BAT 0310/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Raj Parker

in the arbitration proceedings between

Ms. Ebony Hoffman

– Claimant 1 – Ms. Candice Wiggins

– Claimant 2 – Mr. Vasilis Giapalakis

– Claimant 3 –

represented by Mr. Orlando J. Castaño, attorney at law,
4675 MacArthur Court, Suite 465, Newport Beach, CA 92660, USA
vs.

Besiktas Jimnastik Kulubu Dernergi

Suleyman Seba cadessi No. 48, Istanbul, Turkey

– Respondent –

represented by Mr. Emin Ozkurt, attorney at law, İnönü Caddesi,
Gözcü Apartmanı, No: 35, Kat: 2, Gümüşsuyu, Beyoğlu, Istanbul, Turkey

1. The Parties

1.1 The Claimants

1. Ms. Ebony Hoffman (hereinafter “Claimant 1”) is a professional basketball player of US nationality, who contracted to play for the Respondent club during the 2011-2012 season.
2. Ms. Candice Wiggins (hereinafter “Claimant 2”) is a professional basketball player of US nationality, who contracted to play for the Respondent club during the 2011-2012 season.
3. Mr. Vasilis Giapalakis (hereinafter “Claimant 3”) is an agent of Greek nationality licensed by the Fédération Internationale de Basketball (hereinafter “FIBA”).… Read More