..
(c) The said regulations will be binding on the sports associations, athletes and officials in that sport or in those sports."
Section 11(a) of the Sports Law:
"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 bylaws under section 10, and in accordance with the provisions set forth in the articles of association under that section; The decisions of the highest internal court of justice in disciplinary matters shall be final and shall not be appealed before a court."
Discussion and Decision
- The cause of action against the club is based on the following: About its legal duty to insure the players, including the plaintiff, in accordance with the provisions of the Sports Law, when the benefits due by law are required by the club or the insurer; and Its contractual obligation to insure the claimant with an appropriate policy for loss of work capacity or health insurance.
It appears that these are various claims relating to the plaintiff's right to receive insurance benefits by virtue of an insurance policy for a period of time or disability as a result of an accident, to the extent that such occurrence occurs during the plaintiff's sporting activity.
- There is no dispute that Section 2 of the Association's Articles of Association, which defines the arbitration subjects, states that "The Arbitration Institution will not hear claims for personal injury."
Therefore, the first question that must be discussed is, is the claim a claim for bodily injury?
- This is the factual basis on which the rule was given in the Katz case - as detailed in paragraph 1 of the judgment:
"The applicant is a professional basketball player who injured his hip while playing during the 1999/2000 season in the ranks of respondent 3 - Hapoel Jerusalem team... As a result of this injury, the applicant was permanently disabled at the rate of 30% and was forced to retire from his occupation as a basketball player. The applicant, who was not insured by any of the respondents, filed a monetary claim against them in the Magistrate's Court on grounds of breach of statutory duty and negligence, when in his statement of claim he claimed that the respondents had not fulfilled their duty to insure him in accordance with the provision of section 7 of the Sports Law, 5748-1988.