ISRAEL Law and Practice Contributed by: Nir Kehat, Sivan Wulkan Avisar and Iyar Yariv, Arnon, Tadmor-Levy
14. Outlook 14.1 Proposals for Dispute Resolution Reform In 2021, the new Civil Procedure Regulations entered into force, introducing a major reform. At present, no further amendments are planned. 14.2 Growth Areas The volume of litigation in Israel tends to fluctuate in response to political, environmental, and economic developments. For instance, following the COVID-19 pandemic, there was an increase in claims concerning non-performance of contracts on the basis of force majeure. Likewise, in view of Israel’s recent security situation, there has been a notable rise in claims for damages relating to the war.
• issuance of the award beyond the prescribed time limit; • the substantive content of the award contravening public policy; or • any ground that would justify annulment of a court judgment. 13.4 Procedure for Enforcing Domestic and Foreign Arbitration Judicial enforcement of arbitral awards requires con- firmation or recognition by the court. For domestic arbitral awards, the procedure is confirmation under Section 23 of the Arbitration Law, which grants the arbitral award the status of a court judgment for all purposes. For foreign arbitral awards, the main route is recognition and enforcement under Section 29A of the Arbitration Law, in accordance with the Convention on the Recognition and Enforcement of Foreign Arbi- tral Awards, 1958 (“New York Convention”), while the alternative route of enforcing a foreign court judgment that confirmed the award (under the Enforcement of Foreign Judgments Law) is considered exceptional. In both cases, once confirmed or recognised, the award may be enforced through the Execution Office. In addition, Section 44 of the International Commer- cial Arbitration Law, 2024, provides that an arbitral award under this law shall be recognised as binding on the parties and enforced by the court upon a writ- ten application. The party seeking to rely on or enforce the award must attach the original award or a copy thereof, and, if so ordered by the court, also a Hebrew translation of the award in accordance with the court’s instructions.
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