Gist wins arbitration vs Fenerbahce

james gist

James Gist (205 cm, Maryland ’08) and the agency Bill Duffy International Inc. had their claim partially upheld against Turkish basketball club Fenerbahce Spor Kulubu by BAT arbitrator Quentin Byrne-Sutton.

The player was requesting to be compensated in the amount of his salary for the 2012-13 season which was guaranteed under the contract he signed with the team. He claims that he terminated with just cause as a result of the team’s failure to make timely payments on three outstanding salary installments and the Club’s underpayment of salaries owed.

The agency representing Gist is requesting its full agent fee in relation to his salary for the 2012-13 season.

The respondents argued that the three salary installments were paid to the player before he provided notice to the team. The alleged underpayments were amounted to disciplinary fines for the Gist’s conduct. It was for those reasons that the said player did not terminate with just cause and was therefore not entitled to compensation.

At the end of the arbitration at the Basketball Arbitral Tribunal, the arbitrator decided the following:

1. Fernerbahçe Spor Kulübü shall pay Mr. James Gist an amount of $200,000 as compensation for diminished earnings relating to the 2012-2013 season.

2. Fernerbahçe Spor Kulübü shall pay Bill A. Duffy International, Inc. an amount of  $45,000 as compensation for agency fees due in relation to the 2012-2013 season.

3. Fernerbahçe Spor Kulübü shall pay Mr. James Gist and Bill A. Duffy International, Inc. an amount of EUR 3,500 as reimbursement of part of the nonreimbursable handling fee.

4. Each party shall bear its own legal fees and expenses.

5. Any other or further-reaching requests for relief are dismissed.

 

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