Arbitration Claims (Tel Aviv) 24495-05-20 Ben Gabriel Algarbali – Bnei Kfar Iksal for Culture and Sport

December 16, 2020

1. We have before us consolidated cases, one of which is a motion for approval and the other is a motion to annul an arbitration award rendered on April 2, 2020 by the arbitrator, Adv. Binyamin Tamir (hereinafter - the arbitrator), in the framework of the arbitration institution of the Israel Football Association (hereinafter - the Association) between the Applicant, Mr. Ben Gabriel Algarbali (hereinafter - the Applicant) and Hapoel Iksal Emad (hereinafter - the Team).
2. Based on the pleadings, these are the facts that are not in dispute:
3. The applicant is a registered soccer player with the Association, who played for the team during the 2018/19 season.
4. At the relevant time, the team was a member of the Association's National League.

• The Applicant was employed by the Group in accordance with a seasonal employment agreement signed between the parties and included the terms of his employment within the ranks of the Group, as well as a unique arbitration clause.

1. The parties are subject to the Association's regulations, which stipulate that any dispute between a player and a team will be heard by the Association's arbitration institution, which has the exclusive authority to hear any dispute relating to the contractual relationship between the team and the player in accordance with Article 2 of the Association's Arbitration and Mediation Institute's Regulations.
2. On April 24, 2019, the respondent was injured as part of the group, and accordingly filed a claim for injury pay from the National Insurance Institute. From that date onwards, he did not play for the team again.
3. As part of a proceeding at an arbitration institution on behalf of the Association, the Applicant demanded payment of wages for the months of 03-05/2019, in accordance with his employment contract.

• As stated, on April 2, 2020, a reasoned arbitration award was issued as follows (it should be noted that according to the group, in its motion to annul the arbitration award, an award was given on April 12, 2020, but the date of April 2, 2020 is next to the arbitrator's signature) (hereinafter - the arbitration award).

First and foremost, and in general, it was determined that upon reading the evidence and testimonies, a serious picture of defective financial conduct on the part of the group was discovered, which was expressed, inter alia, in improper transfers of funds to private parties, cash payments, payments that were not included in the employment agreement between the parties, and the signing of documents with false content (the language of the arbitration award).