Tag Archives: arbitration

IBPA CEO Charles Bennett’s Podcast Interview with Fit Across Cultures

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FAClogoblackFit Across Cultures‘ podcast interview with IBPA CEO Charles Bennett discusses the overseas basketball industry and the Basketball Arbitral Tribunal.

 

You can listen to the interview here Fit Across Cultures Podcast Interview of Charles Bennett, or see the original post here.… Read More

Case Study: Player’s Breach of Player-Agent Agreement

This is a continuing series documenting cases the IBPA’s lawyers have resolved in favor of their clients without having to resort to BAT Arbitration.

 

Alternative Dispute ResolutionBFSN Law’s attorneys recently settled a case for $25,000 for a client without having to resort to BAT arbitration. An agent (“European Agent”) contacted the IBPA because one of his players (“Player”), with whom he signed a 2-year player-agent agreement, had signed a contract to play for a European Team (“Team”) with another agent (“US Agent”). The Player’s contract with the Team stated the US Agent, and not our client, was to receive the $25,000 agent fee. The European Agent wanted to know what he could do to get the agent fee.

 

Most agents sign players to 1- or 2-year player-agent agreements with evergreen provisions. Evergreen provisions are more commonly known as rollover provisions because they act to roll the contract over at the end of the primary term for additional 1-year terms unless the player or the agent properly terminates prior to the end of the primary term.… Read More

FIBA Sanctions S.S. Sutor Srl, Montegranaro

Yesterday FIBA announced it is sanctioning S.S. Sutor Srl, Montegranaro for failure to pay BAT arbitration awards BAT 0439/13 – Burns, Hart Sports Management, Players Group Srl vs. SS Sutor Srl; BAT 0449/13 – Steele, Greig, Slay vs. SS Sutor Srl; BAT 0463/13 – Johnson vs. SS Sutor Srl. The BAT issued the above awards against Sutor on March 20, 2014. The original story can be seen here.

 

BFSN Law represented all 7 claimants against Sutor. The awards are worth an approximate $350,000.00 in total.… Read More

IBPA’s Expert Arbitration Lawyer, Shelly Skeen, presents Oral Argument to Texas Supreme Court

BFSN Law attorney Shelly Skeen

BFSN Law attorney Shelly Skeen

BFSN Law’s Shelly Skeen argued in front of the Texas Supreme Court on November 7, 2013 in support of the First Amendment right to speak anonymously on the Internet. The case involves a company’s and its CEO’s attempt to discover the identity of an anonymous Internet blogger, “Doe.”

 

Ms. Skeen is a partner of BFSN Law and one of the co-founders of the IBPA. She is also a member of the Chartered Institute of Arbitrators, London, England, MCIArb and has been a certified mediator for over 10 years.

 

Besides conducting arbitration for the IBPA before the Basketball Arbitral Tribunal, Ms. Skeen’s practice focuses on areas of complex commercial litigation, representing businesses across the country in disputes in state and federal court and arbitrations; appellate law; professional malpractice and grievance defense; and probate and estate planning.

 

To read the full article about Ms. Skeen’s Argument before the Texas Supreme Court, visit BFSNLaw.com

 

Ms.… Read More

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

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

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

Appealing a BAT Award

BAT awards may no longer be appealable except in very limited situations. But that wasn’t always the case. From its inception in 2006 until 2010, the BAT included in every award a section titled “Appeal,” under which the following paragraph was included:

 

Awards of the FAT can only be appealed to the Court of Arbitration for Sport (CAS), Lausanne, Switzerland and any such appeal must be lodged with CAS within 21 days from the communication of the award. The CAS shall decide the appeal ex aequo et bono and in accordance with the Code of Sports-related Arbitration, in particular the Special Provisions Applicable to the Appeal Arbitration Procedure.

 

http://www.fiba.com/downloads/v3_expe/bat/110401_BAT_Standard_Clause.PDF. Also, prior to 2010, the BAT standard arbitration clause contained similar language outlining the appeal process.

 

However, in 2010 FIBA and the BAT removed the appeal language from the awards and the standard arbitration clause in an effort to maximize leverage against breaching teams. Not unsurprisingly many teams were intentionally breaching contracts, not participating in the arbitration, and appealing the BAT awards to postpone as long as possible payment of the award.… Read More

Player-Agent Agreements: Is your Rollover Clause Legal? Part II

lawsuit-settlement-fundingThis is the second part of a two-part series on rollover provisions in player-agent agreements. To see the first part, click here.

 

Remedies

 

The point of all this, of course, is how can an agent enforce his player-agent agreement on a) players who go behind the agent’s back to sign with a new agent, and b) agents who poach players under a binding contract.

 

a) Enforcing against Players who Breach

 

How can an agent enforce his player-agent contract against a player? The agent can always petition FIBA to sanction the player.  The FIBA regulations prohibit certain actions by players. “A player may use the services of only one Agent licensed under the terms and conditions of these Regulations.” FIBA Reg. 163.  FIBA has the authority to sanction Players who violate FIBA Regulations: “In the event that a player uses the services of . . . more than one agent at the same time, FIBA acting through the Secretary General is entitled to:

 

a.… Read More

Player-Agent Agreements: Is your Rollover Clause Legal? Part I

breach of KThe past few months we have received several complaints from FIBA agents about players signing contracts behind their backs and other agents poaching players. This two-part article explores the legality under the FIBA regulations of rollover clauses in player-agent agreements and what remedies agents have against their former players and other agents. To view the second part, click here.

 

Rollover Clauses

 

A rollover clause is a contractual provision that causes the contract to roll over after each agreed period until cancelled by one party. Many FIBA agents utilize a 1-year rollover provision that requires notice prior to 30 days before the end of the 1-year term. This type of provision eliminates the need to re-sign the player each year and gives both the player and agent confidence for the future. Many player-agent agreements are signed in the summer months, which is the peak scouting and signing season for European teams. If an agent were constantly unsure about a player’s status because the agent had to re-sign the player during the summer each year, that agent would be less likely to focus his energy on getting that player a job.… 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