Outstanding Salaries: CAS 2025/A/11296 Maccabi Bnei Reineh v. Mark Kostza

CAS 2025/A/11296 Maccabi Bnei Reineh v. Mark Kostza

Date of the decision: 2026-01-09

Arbitrator(s): José Juan Pintó Sala

Swiss contract law requires that, when determining the parties’ true and common intention, one should not rely solely on wording, even when it comes to financial terms. Therefore, the parties’ intention should also be analyzed and carefully assessed.

Facts and Procedure

On 31 January 2023, the Parties concluded an employment agreement (Employment Agreement) that was, for the most part, in typed form. However, clause 9, as included in the award, was handwritten. The Club here finished the 2022-2023 season of the Israel Premier League in fifth position, thereby avoiding relegation, and the Employment Agreement was extended for the 2023-2024 season.

Thereafter, from 2 to 5 July 2023, the Player and Mr. Ahmad Jaber, the Club’s Manager, engaged in a WhatsApp conversation. Here, the Player requested to move from the apartment provided by the Club in Reineh to another in Haifa. Mr. Ahemad responded positively, saying that, while the other apartment had a higher rent, the move would proceed. The Player thereby moved to the apartment in Haifa.

On 7 October 2023, the city of Reineh suffered several attacks by Hamas. On 9 October 2023,...

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