(In this regard, the Association's request to join the proceeding as an amicus curiae was granted).
"The question of the inclusion of a party as an 'amicus curiae' is not a question of authority, but rather of discretion, which is based mainly on the balance between the degree of potential contribution inherent in the combination and the concern that the effectiveness of the hearing will be harmed by the combination" (Goren, 160; Civil Appeal 11152/04 Anonymous v. Migdal Insurance Company (published in Nevo, 4 April 2005). And also: "In the case law, criteria were set for examining the possibility of joining those who wish to serve as 'friends of the court'. Among these, the degree of the applicant's familiarity with the relevant material will be examined; the degree of novelty in the arguments he raises in comparison to the positions raised by the original parties to the hearing; the substance of the issue to be decided and the stage at which the application was submitted" (LCA 9048/07 The Palestinian Authority, Palestinian Council v. Liora Goldman [published in Nevo, May 2, 2010], and the references appearing therein. In this regard, it was held that there is no justification for adding the Applicant to the proceeding, since the Applicant's circumstances and the interests he seeks to promote overlap to a large extent with those of the Respondents).
- In our case, we are dealing with On behalf of one of the parties for the addition of a third party as such. This is not the case This is a real request to add a party to the proceeding, but to hear the position of the Football Association regarding the request for a stay of proceedings by virtue of the Arbitration Law. Presumably, that the Association's position on the issue of authority The Arbitration Institution Established by inclined to the applicant's position. It is doubtful whether in order to decide the question of the Association's authority, the position of the Association itself should be addressed, And in any case, It does not seem to me that the Association's position can help in the decision, since, The question of jurisdiction is a legal question and this court has the legal expertise to decide it.
- Another reason for rejecting the request to add a litigant is that the Football Association's position has in fact been presented long ago in the Amar case (LCA 2186/12 Moshe Amar N' Maor Malikson [Posted inNevo, 20.5.13]). This is an application for leave to appeal the decision of the District Court concerning the authority of the Arbitration Institute of the Football Association to resolve a dispute between the Applicant and the Respondent - Football player, Regarding Player Card Rights, Regarding consideration for the Respondent's transfer from one group to another. The District Court held that since the Applicant is "Acting" Within the meaning of the Arbitration Institute's Articles of Association, is subject to the jurisdiction of the institution. It was also determined, that section 14 The Football Association's Players' Agents Regulations, according to which a dispute between a player and an agent will be heard by the Arbitration Institute., Supports the Respondent's position. In this regard, The Football Association was in the position of respondent even at the stage of the opening stimulus in the District Court. The association argued that sports law is a legal system with unique characteristics that require specific expertise alongside legal knowledge, and that the arbitration institution's bylaws extend the institution's authority over all disputes in the field of football and all those involved in it, As required by a purposeful interpretation of provisions Sections 10-11 30Sports Law.
The Request for a Stay of Proceedings
- Sports Law, In section 10 Instructing sports associations to establish internal judicial institutions to discuss disputes of a civil nature between members subordinate to the association. Article 11 The law establishes an arbitration obligation, In this language:
")a) The exclusive authority to discuss and decide matters related to activity within the framework of an association or association will be in the hands of the internal judicial institutions set out in the Articles of Association under Section 10, and in accordance with the provisions set forth in the Articles of Association under that section; The decisions of the Supreme Court of Internal Jurisdiction in matters of discipline shall be final and shall not be appealed before a court..."
- Section 5 30Arbitration Law Authorizes the court to delay proceedings submitted before it if the conditions set forth therein are met., Including: Existence of an Arbitration Agreement between the Parties; The fact that the claim submitted to the court is in the matter of a dispute to which the arbitration agreement applies; The fact that the litigant seeking the stay is a party to the arbitration agreement; The existence of a willingness on the part of the applicant to do all that is necessary for the arbitration to take place and his request for a stay of proceedings even before he first argued on the merits of the matter in the framework of the action (Civil Appeal Authority 180/07 Amir Katz v.' Israel Basketball Association [Posted inNevo, 4.10.09]).
- The court in the matter Anonymous Ruled that Sports Law Anchoring a statutory obligation for internal arbitration proceedings, Thus, the court will delay proceedings whenever a claim is filed with it to which the Sports Law applies to the parties and meets the conditions of the bylaws. Article 11 does not discuss matters related to"Ongoing Activity" Only, But to"Matters related to activity within the framework of the association or association", In other words, Sports Law and that "According to the plain meaning of the words, The reference is to all activities within the framework of the association or association" (Quote from the judge's words - As his title at the time - Light Other Municipality Requests 463/90 Israel Basketball Association v. L.C.N. Basketball Promotion, Piskei Din 44(2), 806 (1990)). The court continues in the Amar case that:
"The underlying purpose of these provisions is to create a system for quick and effective dispute resolution that takes into account the unique characteristics of the world of sports, especially in view of the dynamism of this sport, which requires urgent and rapid decisions.". "The assumption, which has its feet in reality, of course, is that the internal judicial institutions have the knowledge and expertise in the special material in which we are dealing with it. This purpose gives us an expansive interpretation of the authority set forth in the Sports Law of the internal judicial institutions established by virtue of it."
- The court was also required to 2 To the Arbitration Institute's Articles of Association, outlining the boundaries of authority of the institution, This is his language:
"The arbitrators will discuss: any dispute between a team and a player and between a player and a team that relates to registration, transfers, questions and closures. In any dispute relating to the contractual relationship between the team and the player or between a player and a team. In any dispute relating to the contractual relationship between the team and the coach or between the coach and the team. In any dispute relating to the contractual relationship between the group and the officer or between an officer and a group. In any dispute relating to the contractual relationship between the team and the team, as well as matters relating directly or indirectly to the registration, transfer, loan of a player who is a member of the ranks of one of the teams relating to the dispute. In any dispute between a team and a business corporation or between one business corporation and another business corporation concerning them, a transfer of rights agreement in accordance with the Regulations for the Transfer of Rights in Football Teams. g(1) Without derogating from all of the above, to discuss any dispute and/or dispute between teams and/or between players and/or between coaches and/or between acting officers, among themselves and/or in any of the above subscribers - and another, subject to the provisions of subsection (2) below. (2) The provisions of subsection (1) above shall not include claims for bodily injury."
- The court noted that the language of the clause 2 In particular, section 7(1) Lo is broad and seeks to encompass all contractual disputes in the field. Behm”Q Refer toThe Interpretation of the Court inOpening Stimulus (Jerusalem) 629/01 Home"R. Jerusalem Holdings (2000) IITax Appeal N' Home Sports Association"R. Jerusalem [Published in Nevo] [Takdin Database, 27.4.03], According to her "The correct and proper interpretation is what expands the authority of the Arbitration Institute to discuss all matters in dispute between the bodies and persons on the list in this section 2 The aforementioned, As long as these disputes arise from the agreements signed by the parties to the dispute or the interpretation of those agreements".
What is the law regarding the question of delay of proceedings due to an arbitration clause by virtue of the Sports Law and the Trade Union Regulations, when we are dealing with a claim that is not a "pure" contractual claim?
- The above relates to all of the aforementioned in contractual disputes. The question is, What is the law when it comes to contractual grounds alongside tort grounds?, and in a claim on tort grounds "Pure". Section 7(2) The Association's bylaws exclude only claims for personal injury from the authority of the Arbitration Institute.. The Supreme Court's ruling on the issue of the stay of proceedings due to the Arbitration Law Where a claim was filed on tort grounds, Given onCivil Appeal Authority 180/07 Amir Katz v.' Israel Basketball Association [Posted inNevo, 4.10.09] (Below: "עניין Katz").
- In the Katz case, the appeal of a basketball player was heard, Asher was injured while playing for the Hapoel Jerusalem basketball team. Katz, who doesn't trust-The Group's Hands, Filed a financial claim at BIM"Q Peace vs. the Basketball Association, The Basketball Team, Hapoel Center and the Budget Audit Authority near the Israel Basketball Association. The court accepted the Association's request to stay proceedings and transfer the dispute to an arbitration institution affiliated with the Israel Basketball Association. An appeal filed by Katz to the court”Q District Rejected, He applied for leave to appeal to the Supreme Court. The appeal was dismissed, In accordance with the judgment of Honorable Judge Danziger He was joined by the Honorable Respass Procaccia.
- The appellant claimed that the respondents were negligent when they did not take care to supervise the group, that she has a contractual obligation to take care of him for insurance. The court ruled, Because even though it is a tort claim, Thus, it relies on the contractual relationship between the appellant and his group. Honorable Justice Danziger rejected Katz's argument that the arbitration institution is not authorized to hear tort claims, but only contractual claims:
"Even the Applicant's claims on the tort level, which as stated above do not focus on the bodily damage caused to the Applicant as a result of his injury, should be viewed as claims relating to the contractual relationship between the Applicant and the group, so that they are also within the scope of the Arbitration Institute's authority."
- Behm”Q I will mention the rule according to which an arbitration clause that requires arbitration in any dispute relating to the contractual relationship between the parties must be interpreted in detail, "In such a way that all disputes that arose between the parties and that relate to or derive from that contractual relationship, Including disputes on the tort level, will be clarified in the framework of the arbitration proceeding. The approach of "Artificial Separation between Causes of Torts and Contractual Causes of Action Involving the Same Matter, is a matter of 'Splitting hairs'". In this regard, the court referred”QCivil Appeal 20/70 "Amir" Supply Company of the Farmers' Union of Israel inTax Appeal N' From.Tz.K. P"From, פ"4:24(1) 692, 694 (1970) (Below: "ענין Amir") Determined Name:
"A claim often finds a foundation and a root in both the contractual relationship and the law of torts; In such a case, it would not be practical to separate the adherents and bring the same dispute over the same facts to the hearing twice, just because of the difference in the legal foundation. Nor does the law require such a separation... Where the arbitration deed in the contract, as it is written and written, authorizes an arbitrator to hear the matter, he may also resort to a claim for damages... The only decisive test is the personal test."
- Therefore, The Conclusion Honorable Justice Danziger in the Katz case, Because there is no room to split the discussion between the tort causes and the contractual cause of action"Pure" of the applicant against the class. Support for his conclusion was also found in the fact that the bylaws (Similar to the Association's bylaws in our case), Stipulates that the Arbitration Institute will not hear claims for compensation for bodily injury, Something that teaches about this, According to his approach, that no other tort claims have been excluded from the jurisdiction of the Arbitration Institute. Including claims for negligence and breach of statutory duty.
- The court also referred”QCivil Appeal 105/75 Hopper v. Health Fund of the General Histadrut of Workers in the Land of Israel, IsrSC 29(2) 509, 511 (1975) (Below: "עניין Hopper") Relating to the aforementioned Amir case:
"It was also decided - in the case of Amir B. Tax Appeal v. M.Z.K. Ltd., Civil Appeal 20/70 [3] - that when it was agreed to submit disputes to arbitration 'as a result of the contract', not only a claim arising in the contract but also a claim for damages due to adefect that occurred as a result of the contract must be submitted to arbitration. I considered whether the law was also the case in a claim for damages due to defamation or even for assault, and I came to the conclusion that this is indeed the case."