Arbitration
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Arbitration
Although
Israel Courts tend to consider representatives contracts each on its merits,
not all disputes reach the courts.
It is
often stipulated in agency or distribution agreements that the parties shall
refer to arbitration in order to settle the dispute. The law governing
arbitration in Israel is the Arbitration Law 1968. The Law enables any
individual to be appointed as an arbitrator and it does not impose any
qualities or qualifications on the arbitrator.
Parties
tend to appoint an impartial person as an arbitrator and prefer one who may
possess expertise in a particular field. The parties may stipulate in the
arbitration agreement the procedure of appointing an arbitrator or an
arbitration panel.
The utmost quality in an
Arbitrator should be his Legal training, his knowledge of at least the
mother languages of the parties, past experience in international
trade and representation contracts.
Worth noting:
Arbitration is much faster than
Court procedures.
The initial cost is higher,
taking into account that in both cases you need lawyer representation.
If an arbitration clause is
stipulated, then there is no possibility to sue in court.
Only in certain conditions there
can be appeal to an arbitrator's decision.
The arbitrator's decision is
executable exactly as a court ruling.
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