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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 Arbitration Agreement ...

The Arbitration Agreement

Date 12/8/2014

The  Arbitration Agreement

An arbitration procedure which  does not answer the criteria  stated in the Arbitration Law (mainly referring to the requirement to have an arbitration agreement in writing), will not benefit from the provisions of the Arbitration Law, such as the ability to approve the arbitral award so as to enable its enforceability and the courts’ supervision of the arbitration proceedings. Thus, an arbitral award rendered at the end of an arbitration procedure and based on an oral arbitration agreement (rather than a written one), although  contractually valid  between the parties,  cannot be approved as an award by an Israeli court, even if there is no disagreement between the parties regarding the actual terms of the arbitration award itself.

An arbitral award based on an oral arbitration agreement could be a relevant evidence of a statement of claim.

The plaintiff who won an arbitral award based on an oral arbitration agreement may base his statement of claim on it.

 





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