The plaintiff claimed that this was a personal injury claim, which included a monetary assessment, but that it originated in bodily injury. The plaintiff referred to the Supreme Court's ruling, in which it was held that the Sports Association's bylaws are a uniform contract that must be interpreted in accordance with the rules that apply to uniform contracts. The plaintiff argued that there is no obligation to transfer disputes in torts to an arbitrator's decision, in the framework of resolving disputes in sports associations.
The plaintiff further argued that the very fact that he was blocked, as a basketball player, from turning to the courts on all issues, even in those where the legislature had no intention that the sports association would have jurisdiction - is contrary to public policy. The plaintiff's conclusion is that this is therefore a contractual arbitration, which derives its authority from the Arbitration Institution's Regulations, and not a statutory arbitration that derives its authority by virtue of law.
The Legal Framework
- The following are the sections of the law that are relevant to the discussion of the dispute before me:
Section 5 of the Arbitration Law, 5728-1968:
“)a) If a claim is filed with the court in a dispute that has been agreed to be submitted to arbitration and a party who is a party to the arbitration agreement requests to delay the proceedings in the action, the court will delay the proceedings between the parties to the agreement, provided that the applicant was willing to do everything necessary for the arbitration to take place and continue the arbitration and is still willing to do so.
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(III) The court may not delay the proceedings if it deems it a special reason that the dispute should not be heard in arbitration."
Section 10 of the Sports Law, 5748-1988:
“)a) An association or association shall enact bylaws regulating the proper management of the sport or of the sports that it is a center, including regulations regarding discipline, internal judgment, including the internal judicial institutions and the procedures according to which they will be discussed - subject to Article 11, Transfer of Athletes - subject to Section 11A, as well as regarding salaries and payments to athletes, coaches and other officials.