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
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The New York Convention Regulations
Institutional Arbitration v. ad hoc
International Arbitration & Mediation

Home page Arbitration & A.D.R Interim Measures

Interim Measures

Date 14/4/2015

The Arbitration Law allows the Court to assist the arbitrator with some certain issues Pursuant Articles 16 and 17. One of the most important matters is Interim Measures.

Ancillary powers of the Court

16 (a). In the following matters the Court has, in relation to  arbitration proceedings, the same powers to grant relief as it has in respect of an action brought before it:

(1) Summoning witnesses and determining their remuneration and expenses;

(2)Ordering coercive and punitive measures against a witness who did not respond to the arbitrator's or the Court's summon, or who refused to testify;

(3) Taking testimony immediately or outside the jurisdiction;

(4) Substituting service of notices or documents on the parties;

(5) Attachment of property, stay of exit, security for production of assets, appointment of a receiver, mandatory injunctions and prohibitive injunctions;

(b) A request for relief under this article may be filed by a party or by the arbitrator. If an arbitrator has not yet been appointed, a party may file such request after giving the other parties notice as provided in article 8(b).

(c) For the purposes of sub-article (a), the appointment of an arbitrator or giving of notice as aforementioned will have the effect of bringing an action in Court;

)d) The provisions of this article shall not derogate from the authorities of the arbitrator under the arbitration agreement or under this law.

The traditional Israeli Courts' attitude has been that arbitrators are not allowed to render Interim Measures decisions and particularly an Attachment Order. Nevertheless, along the last years Israeli Courts demonstrated much more flexible attitude and ruled that whereas the arbitration agreement allows the arbitrator to issue Interim Measures they might do so. In any case, yet we have not a Supreme Court clear precedent on this issue.

Article 16 is highly important when international arbitration is involved. Pursuant Article 16 (5)(b) If an arbitrator has not yet been appointed, a party may file such request after giving the other parties notice as provided in article 8(b). That means the court might issue Interim measures as soon as the applicant provides the Courts sufficient evidence they had given the counter party giving notice in accordance with Article 8 to The Arbitration Law concerning the arbitration commencement.

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