Justice and Effiecnent Ruleling

Under the Israeli Arbitration Law, the arbitrator is not required to apply substantive law, Court procedures or Evidence Rules, unless the arbitration agreement provides otherwise. Thus, the arbitration procedure provided in the Arbitration Law is quite simple, as it leaves most of the procedural decision to the arbitrator.

The First Addendum states this explicitly:

"The arbitrator will act in the most efficient manner they deem fit in order to reach a speedy and just resolution of the dispute, and will rule to the best of their judgment on the basis of the material before them. The arbitrator will not be bound by substantive law, rules of evidence, or by procedural rules of the Court”.

Despite this discretion granted to the arbitrators, they are of course not permitted to act contrary to public policy. Therefore, the Israeli Arbitration Law provides both for the flexibility of the arbitrator to choose the procedural law to govern the arbitration, while ensuring the parties' right to bring their full case and evidence before the arbitrator.