ISRAEL Law and Practice Contributed by: Zvi Bar-Nathan and Daphna Kapeliuk, Goldfarb Gross Seligman & Co
(Section 1), recognition and enforcement of interim measures (Section 2), and the court’s power to order interim measures (Section 3). 6.2 Role of Courts According to Article 26 of the ICA Law, the court has the same power to issue interim measures in relation to arbitration as it has in relation to court proceedings, whether the place of arbitration is in Israel or outside of Israel. 6.3 Security for Costs Unless otherwise agreed by the parties, the tribunal may order security for costs. The ICA Law provides in Article 28 that unless other - wise provided in the law, the parties are free to agree on the rules of procedure and evidence to be followed by the tribunal in conducting the proceedings. When the parties have not agreed on the rules of pro - cedure and evidence, then the tribunal may conduct the arbitration in such a manner as it considers appro - priate. 7.2 Procedural Steps Article 27 of the ICA Law requires the tribunal to treat the parties equally and give them full opportunity to present their case. 7.3 Powers and Duties of Arbitrators 7. Procedure 7.1 Governing Rules Unless otherwise agreed by the parties, the tribunal is empowered to order any procedural steps to be taken in the arbitration. The tribunal enjoys wide discretion - ary power in defining the conduct of the arbitration proceedings. It can issue procedural orders regard - ing the proceedings, as well as regarding steps to be taken by each of the parties. In conducting the pro - ceedings, the tribunal is expected to act fairly to all the parties and grant them the right to be heard. 7.4 Legal Representatives The Israeli Bar Association Law, 1961, provides that representation before courts, tribunals or arbitrators
or any person or body having judicial or quasi-judicial authority has to be made by a qualified attorney in Israel. This requirement does not apply in arbitra - tion proceedings in which one of the parties is non- Israeli or is a company registered outside of Israel. In such cases, the foreign party may be represented by a qualified attorney in the foreign party’s country of residence. 8. Evidence 8.1 Collection and Submission of Evidence
See 7.1 Governing Rules . 8.2 Rules of Evidence See 7.1 Governing Rules . 8.3 Powers of Compulsion
According to Article 36 of the ICA Law, the tribunal or a party, with the approval of the tribunal, may request assistance from the court in taking evidence.
9. Confidentiality 9.1 Extent of Confidentiality
The ICA Law does not contain any provisions regard - ing the confidentiality of arbitration; however, since arbitration proceedings are not public, they are con - sidered confidential by their nature.
10. The Award 10.1 Legal Requirements
The ICA Law provides that an arbitration award shall be in writing and signed by the arbitrator or arbitrators who are members of the tribunal. In an arbitration with more than one arbitrator, the signatures of the majority of all members are sufficient. Unless otherwise agreed by the parties, the award must be reasoned. 10.2 Types of Remedies The tribunal may award a monetary relief and, unless otherwise agreed by the parties, it may grant a declar - atory award, a prohibitive award, a specific perfor -
475 CHAMBERS.COM
Powered by FlippingBook