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Wayne Chism And His Agent Awarded Money By Basketball Arbitral Tribunal

In my Shabbat Shalom: Friday Wrap-Up from February 11, 2011, I wrote that agents should make sure to get Basketball Arbitral Tribunal (BAT) clauses it in their international players’ contracts.  If inserted in a player’s contract, the clause allows either the team or player to have the Basketball Arbitral Tribunal oversee a legal proceeding and resolve a dispute.

There is no denying that many teams are late on their payments or refuse to pay their American players indefinitely.  BAT proceedings are highly effective, because if the team does not honor an award, FIBA will prohibit it from signing new players.  As Daniel Edward Rosen of the New York Times wrote on February 5, 2011, “Before F.A.T., if a player was injured while playing overseas, he would often be cut and not paid.”  F.A.T. is what BAT used to be called, but it is the same tribunal.  Now, injured players who are cut have a legitimate outlet to claim their withheld payments.

One of those injured players who was denied payment is former Tennessee Volunteer, Wayne Chism.  Just yesterday, BAT decided that Chism’s former team, Antalya Buyuksehir Belediye of the Turkish Basketball League must pay the player $73,044.42, plus interest, costs, and attorney fees for breaching its contract with Chism.  The team released Chism in December 2010 after he sustained an injury.

Chism is represented by Jared Karnes of Allegiant Athletic Agency.  BAT found that the contract Karnes drafted sufficiently guaranteed payments to Chism in the event of an injury.  Further, Karnes won a judgment in a separate claim to recover agent fees that were never paid out by the team.

By Darren Heitner

Darren Heitner created Sports Agent Blog as a New Year's Resolution on December 31, 2005. Originally titled, "I Want To Be A Sports Agent," the website was founded with the intention of causing Heitner to learn more about the profession that he wanted to join, meet reputable individuals in the space and force himself to stay on top of the latest news and trends.

Heitner now runs Heitner Legal, P.L.L.C., which is a law firm with many practice areas, including sports law and contract law. Heitner has represented numerous athletes and sports agents as legal counsel. He has also served as an Adjunct Professor at Indiana University Bloomington from 2011-2014, where he created and taught a course titled, Sport Agency Management, which included subjects ranging from NCAA regulations to athlete agent certification and the rules governing the profession. Heitner serves as an Adjunct Professor at the University of Florida Levin College of Law, where he teaches a Sports Law class that includes case law surrounding athlete agents and the NCAA rules.