Arbitration in Israel
The Arbitration Law 1968
Recongnition and Enforcement of Foregin Arbitral Award
The Arbitration Agreement
The Arbiration Clause
A Consensual Appeal
Stay of Court Proceedings
Justice and Effiecnent Ruleling
Interim Measures
The Arbitral Award
Setting Aside the Award
The New York Convention Regulations
Institutional Arbitration v. ad hoc
International Arbitration & Mediation

Home page Arbitration & A.D.R The Arbiration Clause ...

The Arbiration Clause

Date 12/8/2014


An arbitration clause in Israel is considered as an arbitration agreement by law. In my view the arbitration clause is as important as many other "heart issues" as timetable, consideration provisions etc'.
The interpretation of the arbitration clause should be for enabling the arbitration process and not avoiding it.
In my experience only few Israeli advocates would pay attention to the arbitration clause as foreign advocates tend to do, including refusing signing the whole agreement with no signing arbitration clause.

Advocate Ronen Setty view on drafting arbitration clause it should deal with some main issues as follow:
1. The law that  governs their contract;
2. The place of the arbitration;
3. The Seat of the arbiration;
4.The language of the arbitration;
5. The number of arbitrators designated to the case and whether there should be any restrictions on their    nationality or other qualifications.
6.Institutional V. Ad Hoc Arbitration;
7.Recognition and Enforcement Considartions;

In my view, these issues are extremely important for parties to any international arbitration agreement and may have considerable impact on the arbitration proceedings and the arbitral award.
There are tactics in drafting the arbitration and balancing the parties' motivation to file statements of claim, including rules concerning the number of arbitrators, or filing a claim at the state of the respondent. There are crucial where parties enter into a commercial agreement.

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