This is sufficient to reject the application.
- It emerges from the Applicant's arguments that only if the Arbitration Institute of the Basketball Association rules in favor of the Applicant - He is certified; And if he rejects his claim - In that case, the arbitral award was given without authority and is essentially null and void. This is a delusional claim.
It also emerges that according to the Applicant, BMoving a Discussion Venue Cancel the "Arbitration Award" - In that case, the arbitrator's award will remain in place, even though it is also part of the Association's arbitration institution (?!).
- Silencing a company - The Applicant is hiding more from meMoving a Discussion Venue The file in the Tel Aviv: Since the applicant has already clarified his claim in the honorable court, and in the transfer Venue Judgment against the Applicant regarding his claim for recognition of his injury as a work accident, since the disease was nesting in his body before he began to play in the Respondent's ranks; Only after his claim in the case in the (above) case was rejected did he submit the claim to Arbitrator Krauss, and therefore - is silenced from arguing and establishing a wage claim against the respondent (When he himself was suspended in clause 8e8 of the agreement).
- The applicant is prevented from arguing for the arbitrator's lack of authority because he acted in bad faith, with a lack of cleanliness and abusing court proceedings. The Applicant is the one who submitted the dispute to the Arbitration Institution, Thus establishing the arbitrator's authority. Case law has long held that a party cannot turn to an arbitrator, Conduct litigation before him, And when the arbitration award is not in his interest to claim lack of authority. Thus it was held inCivil Appeal Authority 4710/00 Goshen N' Givat Haviva Seminar (Posted inNevo, 15.01.01 (Below: "Stripe"D Goshen"), In a Severance Pay Claim, In contrast to our case, Bo This is not a claim under the protective labor law.
In the Goshen judgment, it was held that the conduct of the applicant for annulment on the grounds of lack of authority and the refusal to claim lack of authority during the arbitration, as the applicant did in our case, would thwart his attempt to annul the award. (See also Civil Appeal 816/88 M.A. Ma'ale Yosef v. Tisra Ltd., p. 130; Civil Appeal Authority 300/81 Valcoro Building and Earthworks Company in Tax Appeal v. Eilat Beach Development Company Ltd.; Prof. N. Salzman Ma'aseh Beit Din 14, 1991, p. 223; Prof. Ottolungi, p. 1161; Deva 51/2-149 Top Torres Hotels in Tax Appeal v. Abu Hanna, PDA 23 296).
- Sections 10 and- 11 Law Sports regulates the practice of the various sports and, among other things, authorizes the Sports Association to establish bylaws, including internal arbitration arrangementsSea. By virtue of these provisions, The Israel Basketball Association has enacted the association's bylaws stipulating that an arbitration institution of the association will be established. Section 2 (II) The bylaws stipulate that the arbitration institution is authorized to discuss, inter alia, "In any dispute relating to the contractual relationship between a team and a player or between a player and a team".
The plaintiff included elements in his claim that are not part of the protective laws (MRI payment, fulfillment of an agreement with the Hotal, an injunction, etc.), especially since according to the Katz ruling, "the very right to remuneration" is a question for arbitration. The regional judgments mentioned by the Applicant were in the motions to stay proceedings in claims submitted to the Court on matters of the Protective Laws. The Amos judgment that was relied upon - an appeal was filed against it (Labor Appeal 54658-06-16).