Basha (Jerusalem) 7150/07 S.A.D.R. Building Works Company Ltd. v. Victor Yona

The Courts

Decision

Overview

1. An arbitrator gave a judgment. District Court - Approved the judgment.  Whoever loses his judgment does not carry out the judgment.  The winner submits an application for the appointment of a receiver (Miscellaneous Requests 7150/07), and another request for contempt of court (Miscellaneous Applications Civil 8189/07).  The opposing party argues that there is no room for these proceedings, but that The Writ of Execution Law.

2. These questions are at the basis of this decision, which is a joint decision in both of the aforementioned Basha'ot.
3. I will first present the summary of the arbitrator's award and the approval of the District Court. Next, I will present the two requests and their reasons.  I will review the arguments of the parties and the lawyers during the hearings and in the written summaries that were submitted.  In the discussion section, I will refer to all Miscellaneous Civil Applications Separately.  I will examine the legal questions, and then I will apply them to the facts in the case before me, and as a result, there will be a decision on the two motions, each separately.

The Arbitrator's Award

4. On December 11, 2006, the arbitrator, the retired President of this Court, the Honorable Justice Vardi Ziller, rendered an arbitration award between the parties (hereinafter - the "Arbitrator's Award").
5. In order to understand the purpose of the arbitration and the status of the parties, it is appropriate to quote the opening paragraph of the arbitrator's award:

"The dispute between the parties that is the subject of this arbitration proceeding relates to the rights and obligations that one of the parties has in the Hapoel Jerusalem soccer team (hereinafter - the soccer team), and the legal corporations that control it, as well as to various monies due to any of the parties, insofar as they derive from contracts entered into between any of them, or to the extent that they derive from the activity of the soccer team."

6. The arbitration between the parties began, in the first stage, before the retired judge, the Honorable Judge Yaakov Bezalel; A motion to certify the aforementioned arbitrator's judgment was brought before the Honorable Judge Boaz Okun; Following his decision, the entire arbitration was transferred to the retired president, the Honorable Judge Vardi Ziller, who gave his ruling, after lengthy discussions that included hearing a lot of evidence and summaries before him.
7. In the arbitrator's award, a number of findings were determined and a number of remedies were granted, as detailed below.
8. It was held in the arbitrator's award (pp. 18-22) that according to an agreement from 1996, which was drawn up and signed between the parties, the respondent owns 50% of the soccer team, after the respondent fulfilled the task of balancing the budget of the soccer year 1997/98.
9. As to the monetary claims, the arbitrator ruled that the respondent had mixed funds of the soccer team in his personal accounts and those of his family members. Therefore, the arbitrator held, in paragraph 2 of the operative part of the arbitrator's award (p.  37), as follows:

"An order is hereby issued, requiring the defendant [the respondent before me] to give in an affidavit full and accurate accounts, which will accurately and together with references, all receipts from any source whatsoever and for any reason, direct or indirect, that were intended for the soccer team and its surroundings, for a period beginning at the date of the signing of the 1996 agreement and ending at the end of December 2006.