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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 Justice and Effiecnent Ruleling

Justice and Effiecnent Ruleling

Justice and Effiecnent Ruleling
Date 14/4/2015

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.

 

 





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