Caselaw

Civil Case (Tel Aviv) 45478-06-14 Freddy David v. Regev Volk - part 4

February 12, 2015
Print

Therefore, Justice Danziger concluded that:

"Even if the Applicant's tort claims were not directly related to the agreement between him and the group, and this is not the case in the matter before us, there was no reason to deny, in part, the transfer of the hearing thereof to the Arbitration Institute.  This approach is consistent with the rule according to which when the court is required to give an interpretation of an arbitration clause, it will choose, among the possible interpretations, the interpretation according to which the dispute between the parties must be clarified in the framework of arbitration rather than an interpretation according to which the dispute must be clarified before the court...This is all the more true when we are dealing with arbitration by virtue of the Sports Law."

  1. Finally, Required Honorable Judge Danziger to order Section 5(c) 30Arbitration Law According to her "The court may not delay the proceedings if it sees a special reason why the dispute should not be heard in arbitration":

"We are not dealing with a 'regular' arbitration that derives its force from an arbitration agreement between the parties, but rather with a statutory arbitration that is imposed on them by virtue of the Sports Law.  The rule is that in cases such as this, notwithstanding what is stated in section 5(c) ofthe Arbitration Law, the court has no discretion as to whether or not to delay the proceedings before it, and it must delay the proceedings and transfer the hearing to arbitration."

  1. Honorable Justice Rubinstein agreed with the conclusion reached by Judge Danziger, but asked to add comments that were mainly necessary "In a renewed look as to"Totality" or "Almost total" which exists regarding the referral of such proceedings to the statutory arbitration, This is in view of the complexity of the issues that may be on the agenda in such lawsuits"...

"I am of the opinion that the intention of the legislature begins with the Sports Law, 5748-1988 and in the bylaws was to impose the duty of arbitration with respect to matters relating to the core of sporting issues, such as the player's duties and contractual rights vis-à-vis his team, and this arises from section 10 of the Sports Law, according to which the regulations are supposed to regulate "the proper management of the sport...  including regulations regarding discipline, internal judgment and the transfer of athletes...  Wages and payments...".

Previous part1234
567Next part