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ICC International Arbitration - The Israeli Attorney's Professional Guide
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ICC International Arbitration - The Israeli Attorney's Professional Guide

Date 31/1/2010

ICC International Arbitration

The Israeli Attorney's Professional Guide

 

Ronen Setty, Adv.

ICC – Israel Board and ICC International Commission on Arbitration Member

 

The ICC International Court of Arbitration is considered as the leading one in commercial dispute resolution. Since it was founded in 1923 by the merchants of peace, who wished to establish an effective and professional institute for commercial dispute resolution, its high end reputation is well known globally.

 

Its rules are well updated in accordance with the commercial community needs. For instance, article 27th rules that any arbitration Award is subject to the court confirmation. The court is authorized to lay down modifications as to the form of the Award and, without affecting the Arbitral Tribunal liberty of decision, it can also draw the arbitrator attention on points of substance.

As a routine matter, the ICC arbitration Awards are enforceable around the world successfully in accordance with the New-York convention for recognition and enforcement of foreign Awards (1958).

Many Israeli's enterprises and attorneys have found out the ICC International Court of Arbitration advantages. Particularly along the last 3 years where Mr. Oren Shachor had become ICC – Israel chairman and Mr. Baruch Mazor - its General Secretary.

This unique book on the ICC international arbitration for attorneys deals particularly with the ICC Rules professionally from the Israeli legal point of view.

Its five chapters are as follows:

  1. The Arbitration Agreement

This chapter deals initially with the great importance of the arbitration clause phrasing. It mainly discusses issues like the standard suggested clause, the law to be applied on the contract, number of arbitrators, place of arbitration and the arbitration language which shall be stated by the parties in the arbitration clause.

 

 

 

  1. The First Stage of the Arbitration Process

This chapter describes the opening proceedings, deals with the administrative issues, the Arbitral Tribunal authority, timetable and other relevant subjects.

 

  1. The Arbitration Process

Here, the author deals with the unique Terms of Reference ICC procedure and practical issues which includes evidence rules, examinations restrictions, translations procedure and costs, interim measures and some other crucial issues for professional legal representation.  

 

  1. The Arbitral Award

Rule 27th which represents a very important advantage of the ICC rules commits the court confirmation of the Award before it can be delivered to the parties. It empowered the parties' confidence with the ICC professional supervision process. In addition this chapter deals with some other important subjects like the timetable for the Award completion, the requirement for stating the reasons upon the Award is based on and the amending process.

 

  1. Recognition and Enforcement of Foreign Awards under the N.Y Convention

One of the most important advantages of international arbitration is friendly procedure for recognition and enforcement of the arbitration Award which can take place in 150 countries around the world. It could be reached thanks to the N.Y Convention on Recognition and Enforcement of Foreign Awards since 1958. This chapter deals also with the Israeli's international legislation and its implementation by the Israeli's courts along the years.  It does deals with the International Awards enforcement in accordance with Israeli Arbitration Act and with the court proceedings delay where international claims have been filed to court in contrary to the arbitration clause.

This book has been cited by the Israeli Supreme Court in its decision on the N.Y convention implementation.


 





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