ISRAEL Law and Practice Contributed by: Zvi Bar-Nathan and Daphna Kapeliuk, Goldfarb Gross Seligman & Co
5.3 Timing of Challenge According to Article 17 (b) of the ICA Law, a challenge to the tribunal’s jurisdiction shall be raised not later than the submission of the statement of defence in the arbitration. A challenge based on the tribunal’s exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of the tribunal’s authority is raised during the arbitral proceedings. 5.4 Standard of Judicial Review for Jurisdiction/Admissibility According to Article 17 (e) of the ICA Law, the tribunal may rule on its jurisdiction as a preliminary question or in the award on the merits. If the matter has been decided as a preliminary question and the tribunal denies the challenge, a party may request the court to decide the matter. If no such request has been submitted to the court, a challenge to the tribunal’s jurisdiction may be raised only within the framework of an application to set aside the award. A decision of the court may be subject to appeal if permission is granted from the court of appeal. 5.5 Breach of Arbitration Agreement Israeli courts enforce arbitration agreements by way of staying proceedings commenced before them in breach of an arbitration agreement (see 3.3 National Courts’ Approach ). 5.6 Jurisdiction Over Third Parties Israeli courts have recognised that an arbitration agreement may extend to third parties in the case that the interpretation of the arbitration agreement leads to the conclusion that these parties expressly or implic - itly agreed to be bound by the agreement. A third party may be bound by an arbitration agreement by way of assignment, or when the circumstances are such that the objection by the third party is formal and artificial.
lenging party may request the court to decide on the challenge request within 30 days after having received notice of the decision rejecting the challenge. Article 14 (b) provides that when the parties have not agreed on a procedure for challenging an arbitrator, a party that intends to challenge an arbitrator shall send a written statement of reasons for the challenge within 15 days after becoming aware of the circumstances giving rise to a challenge. The arbitral tribunal shall then decide on the challenge, unless the challenged arbitrator withdraws or the other party agrees to the challenge. Here again, if the request for challenge is denied, the challenging party may request the court to decide on the challenge. When a challenge is pending before the court, the arbitral tribunal may continue the proceedings and make an award. A decision by the court on a challenge may be subject to appeal if permission is granted from the court of appeal. 4.5 Arbitrator Requirements Article 13 of the ICA Law requires an arbitrator to disclose any information on circumstances likely to give rise to justifiable doubts as to their impartiality or independence in respect of the arbitral proceedings. Article 17 of the ICA Law follows the wording of the Model Law with regard to the competence of the arbi - tral tribunal to rule on its own jurisdiction. However, unlike in the Model Law, when the tribunal decides this matter as a preliminary question and denies a chal - lenge to it, any party may apply to the court to rule on the matter. The decision of the court may be appealed with leave from the court of appeal. 5.2 Circumstances for Court Intervention See 5.2 Challenges to Jurisdiction . 5. Jurisdiction 5.1 Challenges to Jurisdiction
6. Preliminary and Interim Relief 6.1 Types of Relief
Chapter E of the ICA Law provides extensive provi - sions regarding interim measures. The Chapter con - cerns the tribunal’s authority to grant interim measures
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