Commercial Arbitration in Israel

Commercial arbitration allows parties to submit a dispute to an arbitrator for determination outside the ordinary course of court litigation.

Unlike mediation, where the parties decide whether to accept a settlement, arbitration gives the arbitrator authority to determine the dispute within the scope of the arbitration agreement and applicable law.

I act as arbitrator in commercial, contractual and business disputes, including matters where technology, cybersecurity, privacy or complex business operations form an important part of the facts.

Discuss arbitration

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When can arbitration be appropriate?

Arbitration may be suitable where:

the parties need a binding determination;
the contract already contains an arbitration clause;
the parties agree to arbitrate after the dispute arises;
the parties value selecting a decision-maker with relevant experience;
a dedicated procedural framework is useful;
the dispute includes complex commercial or technical material.

The appropriate framework depends on the arbitration agreement, applicable law and the circumstances of the dispute.

What can the parties define?

Subject to the applicable legal framework and agreement between the parties, matters that may be addressed include:

appointment of the arbitrator;
definition of the issues;
written submissions;
document production;
witness and expert evidence;
timetable;
in-person or remote hearings;
language of the proceedings;
form of the award and reasons, where applicable.

A clear procedural framework at the outset helps keep attention on the issues that actually require determination.

Commercial arbitration areas

Contracts and commercial arrangements

Interpretation, payment, performance, alleged breach, termination, liability and damages.

Partners and shareholders

Disputes that fall within an arbitration agreement or a later agreement to arbitrate.

Suppliers and customers

Performance, quality, service levels, invoices, delays and responsibility.

Technology, cyber and privacy

Disputes where the decision-maker benefits from understanding software, systems, information-security obligations or data-related issues.

Arbitration or mediation?

The key difference is who controls the outcome.

In mediation, the parties decide whether to settle and on what terms. In arbitration, the arbitrator determines the dispute once authority has been validly conferred.

Some parties choose to attempt mediation before arbitration. Others need a determination from the outset. The process should fit the dispute rather than the other way around.

Commercial Mediation

English-language arbitration

Where the arbitration agreement and circumstances permit, proceedings can be conducted in English and may include remote hearings or participants located outside Israel.

The governing law, seat, procedural framework and enforceability of an award should be considered for each matter.

How does arbitration begin?

The first step is to identify the basis for arbitration, such as an existing arbitration clause or a new agreement between the parties.

After a conflict check, the scope and procedural framework are defined before the substantive process begins.

Need a binding determination in a commercial dispute?

You can start by providing the names of the parties and a brief description of the dispute for an initial conflict check.