Since Smadar Ottolenghi first published her detailed analysis of Israel's new Arbitration Law in 1970, she has remained the unrivalled interpreter of arbitration law in her country, and a tireless theorist of improved arbitral procedure. Virtually every Israeli judgement with regard to arbitration in the last thirty years has drawn on her definitive Hebrew treatise, Arbitration: Law and Procedure, which has been revised and extended twice, in 1980 and again in 1990.
This book is Professor Ottolenghi's own English adaptation of her peerless work, and is in fact the most up-to-date edition, as it includes references to hundreds of judgements and other developments that have occurred in the ten years since the publication of the most recent (Third) Hebrew edition.
Anyone with the need or opportunity to arbitrate in Israel will find all the details they need, including expert guidance on such important substantive and procedural matters as the following:
Phrasing the arbitration clause; Matters in rem; Sole arbitration vs. party arbitration; Successors to arbitration agreements; Settlement of labour disputes under arbitral agreements; and Enforcement of foreign arbitral awards.
To enhance communication between English-speaking readers--lawyers, arbitrators, and other professionals and business people who will find this book immensely useful--and their Israeli correspondents, the paragraph numbering in this edition is identical with that of the Third Hebrew Edition. Detailed indexes add greatly to the book's usefulness by making it easy to find material through several different avenues.
Introduction
Part One: The Arbitration Agreement
1. Agreement
2. Written Agreement
3. Parties to the Agreement
4. Subject-Matter of the Agreement
5. Conditions of the Agreement
6. Repeal of the Arbitration Agreement and its Expiring
Part Two: Stay of Court Proceedings Due to an Arbitration Agreement
1. Conditions for Granting a Stay of Proceedings
2. Considerations of the Court
3. Scott v. Avery Clause
4. Foreign Arbitration Clause
5. Foreign Jurisdiction Clause
6. The Court Authorized to Stay Proceedings
7. Appeal Against a Decision Regarding a Stay of Proceedings
Part Three: The Arbitrator
1. Number of Arbitrators and Type of Arbitration
2. Appointment of the Arbitrator
3. Arbitrator's Qualifications and Duties
4. Remuneration of the Arbitrator
5. Termination of the Arbitrator's Role
6. Consequences of Removing an Arbitrator
7. Appeal Against a Court Decision
8. Quasi-Arbitrator, Appraiser or Assessor
9. Bi-Partite Committee
10. Internal Adjudicating Institutes
Part Four: Arbitration Proceedings
1. Pre-Arbitration Session
2. Presence in Arbitration Sessions
3. Procedure and Rules of Evidence
4. Summoning of Witnesses and Hearing Evidence
5. Interim Orders and Decisions
6. Confidentiality of the Arbitration Proceedings
7. Court's Involvement in Arbitration
Part Five: The Arbitral Award
1. The Award and its Components
2. Formulating the Opinions in the Award
3. Deadline for Giving the Award
4. Delivery of the Award
5. Validity of the Award
6. Amendment of the award
7. Confirmation of the Award
8. Confirmation of a Foreign Award
9. Action upon the Award
Part Six: The Setting Aside of the Award
1. Formal Requirements
2. The Grounds for Setting Aside an Award
3. Time of the Application to Set Aside
4. Estoppel from Applying to Set Aside an Award
5. Lack of a Miscarriage of Justice as a Consideration
6. Setting Aside an Award
8. The Arbitrator's Standing in the Application to Set Aside an Award
9. Appealing the Court's Decision
Epilogue