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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 Setting Aside the Award

Setting Aside the Award

Setting Aside the Award
Date 14/4/2015

The Israeli Courts rarely set aside arbitral awards. As stated by the Israeli Supreme Court:

 

Judicial intervention in arbitral awards is narrow and restricted by the grounds in Article 24 which have been interpreted by this Court literally and in a limited manner.

The grounds for setting aside an award (otherwise known as "annulment") are limited to those contained in Article 24 of the Arbitration Law:

"The court may, upon the filing of a request by a party (in this Law – Setting aside Request), set aside an arbitral award, wholly or partially, complete it, amend it or remit it to the arbitrator, for one of the following reasons:

(1)       There was no valid arbitration agreement;

(2)       The arbitral award was rendered by an arbitrator who was not lawfully appointed;

(3)       The arbitrator acted without jurisdiction or beyond the  jurisdiction granted to them under the arbitration agreement;

(4)       A party was not given a fair opportunity to make its arguments or bring its evidence;

(5)       The arbitrator did not rule on one of the matters referred to them for ruling;

(6)       The arbitration agreement stipulated that the arbitrator must provide reasons for the arbitral award and they did not do so;

(7)       The arbitration agreement stipulated that the arbitrator must rule in accordance with the law and they did not do so;

(8)       The arbitral award was rendered after the time limit for  rendering it had elapsed;

 (9)      The content of the arbitral award violates public policy;

(10)     A ground exists on the basis of which a court would have set aside a final judgment which cannot be further appealed."

 

Only seldom will the Israeli courts set aside an arbitral award. This approach has been further strengthened in recent years, and as a result only a few arbitral awards have been set aside. These mostly related to misconduct in the arbitration process and not the substance of the arbitral award substance

 





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