A.        Introduction

            The ethical code of the CADR reflects the norms and values that guide arbitrations within the CADR. The code outlines guidelines for the CADR’s Arbitrators regarding ethical issues that may arise during or in relation to the arbitration process, aiming to ensure a transparent, fair, and professional arbitration procedure.

            Unlike legal rules whose violation entails enforcement, the ethical code suggests the appropriate conduct for the arbitration process, while exercising professional judgment.

            The code, is influenced by changes in the perception of norms and values accepted in the cultural-professional environment in which it operates. Accordingly, the CADR’s ethical code is updated from time to time as necessary.

           The CADR has adopted ethical rules since its establishment and updates these rules primarily with the development of alternative dispute resolution methods and their increasing use among litigants in Israel and worldwide. For updates, the CADR consults periodically with experts from the legal world, academia, retired judges, and learns from leading arbitration institutions around the world.

B. Definitions

• In this ethical code, each of the following terms shall have the meaning appearing next to it:

The ethical code of the CADR or “the ethical code”, “the code“: The ethical code of the CADR as detailed in this document and as updated from time to time.

The Arbitration Law: The Arbitration Law, 5728-1968 (Isr)

Arbitration Rules: The arbitration rules of the CADR or other rules chosen by the parties for the procedure.

Arbitration Regulations: The Civil Procedure Regulations in Arbitration Matters, 5728-1968 (Isr).

Arbitrator: Anyone appointed to the role with the parties’ consent from the CADR’s list of Arbitrators ,or  based on prior agreement between the parties, or by the CADR according to it’s rules or by anyone the parties appointed for selecting an Arbitrator or appointed by law.

• Other terms and expressions in this ethical code shall have the meaning known to them (as applicable) in the Arbitration Law, the Arbitration Regulations, and the Arbitration Rules.

C. Applicability

1. The provisions of the ethical code shall apply, with necessary modifications, to any Arbitrator conducting arbitration proceedings in the CADR.
2. The ethical code does not replace other legal provisions and/or professional ethical rules applicable to retired judges, lawyers, or any other person serving as an Arbitrator and subject to ethical rules or guidance relevant to them, as applicable to those involved in the arbitration process, and does not detract from them.
3. The guidelines of the ethical code do not create new or additional grounds for judicial review of the arbitration process and it’s results.

D. Arbitrator’s Responsibility

General

1. The Arbitrator shall fulfill their role with loyalty to the laws of the State of Israel and the fundamental values of the state.
2. The Arbitrator shall fear nothing but the law.
3. The Arbitrator shall act skillfully, diligently, professionally, and efficiently to advance the arbitration process for the benefit of all litigants before them without bias. If an Arbitrator feels unable to perform their role impartially, they must withdraw from the case.
4. The Arbitrator shall maintain the dignity and integrity of the arbitration process. The Arbitrator shall act with patience, tolerance, and respect towards the parties and their representatives and ensure that the parties do likewise towards them, the process, and each other.

E. Conflicts of Interest

• Immediately upon commencing the arbitration process, the Arbitrator shall conduct a conflict-of-interest check, disclosing to the parties any known interest at that time, including all stated in section 2 below. The Arbitrator shall also require each participant, including the parties and their representatives, to declare any connection or association with the Arbitrator that may raise concerns about a conflict of interest. Additionally, they must raise any claims of potential conflicts of interest of any other party in the process. Any such claims or concerns raised  shall be  submitted in writing to the CADR, with a copy to the Arbitrator.

1.1.      The conflict-of-interest check and its results shall be thoroughly documented in writing in the first meeting’s protocol.

 1.2.     If any such issues arise, the Arbitrator must obtain the parties’ consent to continue the process as a condition precedent to continuation. In the event the parties consent, the Arbitrator shall document and have the parties sign a separate document to be attached to the meeting protocol.

 1.3.     If the parties agree to the Arbitrator’s appointment, after being informed of the Arbitrator’s previous connections with any of the parties, or similar potential conflict of interest, they will not be able, at later stage,  to object to the Arbitrator’s appointment on this ground.

• a.   The Arbitrator shall inform the parties and their representatives of any connection, affinity, association or other matter that, in their opinion, may raise a conflict of interest or an appearance of bias, including any matters discovered after the arbitration process has begun. This includes the following disclosures:

a.1.      To the best of their knowledge, they or their first-degree relatives or their spouses have a personal and/or financial and/or commercial and/or friendly and/or work relationship that may raise concerns of a conflict of interest for any of the parties.

a.2. Previous involvement in the case as a representative, Arbitrator, mediator, witness, professional advisor, expert, or judicial role when it comes to a retired judge.

a.3.      Any personal, financial, or other interest in the case and/or its outcome.

a.4.      In the case at hand, one or more of the parties and/or their representatives were or are clients of the Arbitrator’s law firm.

a.5.      In a case where the Arbitrator and the representative of any of the parties have professional relations that include legal consultation.

a.6.      The Arbitrator serves or has served as an Arbitrator, mediator, witness, professional advisor, expert, or judicial role when it comes to a retired judge. In a matter where one of the parties to the current dispute, or the representative of any of the parties, was a party or represented a party in a dispute.

a.7. The Arbitrator represents, as a lawyer, other parties in arbitration proceedings in the CADR conducted before another Arbitrator.

a.8. In an appeal on the decision of another Arbitrator (the “decision” in this section), disclosure shall be made regarding the following cases:

(1) An Arbitrator who is a retired judge served in the same court, at the same time, in the instance from which they retired, along with the Arbitrator who made the decision.

(2) The decision was made by an Arbitrator who served with them on the same arbitration panel during the last three (3) years.

(3) The Arbitrator serves simultaneously in another arbitration panel with the Arbitrator who made the decision.

b.

b.1. If any of the matters listed in section 2(a) above arise before the arbitration begins or at the first meeting, the rules outlined in article 1 above shall apply.

b.2. If any of the matters listed in section 2(a) above are discovered after the arbitration has begun, the rules outlined in article 3 below shall apply.

3.1.      If the Arbitrator learns, after the arbitration process has started, of the existence of matters that may raise concerns of bias, including the matters mentioned in article 2 above, the Arbitrator shall notify the parties of their existence at the earliest possible time. In this case, the decision regarding the continuation of the arbitration will be made by the Arbitrator immediately after allowing the parties to present their arguments if they wish to do so. The decision shall be reasoned and made before any other decision.

3.2.      The Arbitrator shall notify the CADR regarding the matter and the decision made.

• There is no prohibition on an Arbitrator sitting in an appeal on a decision given by another Arbitrator when both conduct arbitrations in the CADR.

F. The Arbitration Process

1. The Arbitrator shall adhere to conducting the arbitration process according to the Arbitration Law, the Arbitration Regulations, the Arbitration Rules, and/or the rules agreed upon by the parties.
2. As a general rule, all meetings during arbitration shall be held in the presence of all parties and/or their representatives unless otherwise agreed, or according to rules applicable to the process, or the nature of the discussion requires it. If a hearing is held ex parte – it shall be documented and the reasons for it detailed.

G. Termination of Arbitration

The Arbitrator may terminate the arbitration if one or more of the following circumstances occur:

1. The parties and/or their representatives, or one of them, conduct themselves in a manner that does not allow the proper conduct of the arbitration.
2. During the arbitration, a legality issue arose.
3. According to the determination of the Ethics Committee.

H. Ethics Committee

1. Appeals to the Ethics Committee shall be made at the request of the Arbitrator or by the decision of the CADR.
2. If the need for an appeal to the Ethics Committee is determined according to section H.1. above, the CADR shall appoint an ad-hoc Ethics Committee consisting of two retired judges from the district or supreme court, and an additional member (appointed by the other two committee members).
3. The committee shall discuss issues brought before it as necessary. In the event of a dispute regarding a potential conflict of interest in arbitration, the committee shall have the authority to deliberate and decide, after hearing the arguments of the parties and the Arbitrator about the need to remove an Arbitrator from their position. The committee may decide to remove an Arbitrator from their position or to impose conditions on the continuation of the arbitration as it deems appropriate, including giving instructions to the parties and/or their representatives regarding the continuation of the arbitration.
4. If the committee finds that the Arbitrator should be removed from their position, the committee shall order the replacement of the Arbitrator in accordance with the CADR’s rules for replacing an Arbitrator, with reasons to be recorded.
5. If the issue of removal of the Arbitrator is brought before the Ethics Committee as defined below, the termination of the arbitration shall be contingent upon the approval of the Ethics Committee.
6. The committee’s decisions shall documented in writing and reasoned.
7. The chairperson of the committee shall be authorized to decide whether the issue referred to the committee requires a decision by the committee or an investigation by other means.

I. Confidentiality

1. The Arbitrator shall not disclose or allow the disclosure of details of the arbitration process, during and after the arbitration, to those who are not parties to the arbitration, unless the agreement between the parties permits such disclosure.
2. During the arbitration proceedings, the Arbitrator shall ensure the right of the parties to privacy of information, provided that this does not infringe upon the right to a fair process of the other parties involved in the arbitration.
3. The Information obtained by the Arbitrator is confidential and shall not be disclosed to anyone unless permission is given by the parties, required by law or by a court order.

J. Publication The ethical code of the CADR for Arbitration shall be published on the CADR’s website.

The post The Ethical Code Copy appeared first on המשכן לבוררות ופתרון סכסוכים.

A.        Introduction

            The ethical code of the CADR reflects the norms and values that guide arbitrations within the CADR. The code outlines guidelines for the CADR’s Arbitrators regarding ethical issues that may arise during or in relation to the arbitration process, aiming to ensure a transparent, fair, and professional arbitration procedure.

            Unlike legal rules whose violation entails enforcement, the ethical code suggests the appropriate conduct for the arbitration process, while exercising professional judgment.

            The code, is influenced by changes in the perception of norms and values accepted in the cultural-professional environment in which it operates. Accordingly, the CADR’s ethical code is updated from time to time as necessary.

           The CADR has adopted ethical rules since its establishment and updates these rules primarily with the development of alternative dispute resolution methods and their increasing use among litigants in Israel and worldwide. For updates, the CADR consults periodically with experts from the legal world, academia, retired judges, and learns from leading arbitration institutions around the world.

B. Definitions

• In this ethical code, each of the following terms shall have the meaning appearing next to it:

The ethical code of the CADR or “the ethical code”, “the code“: The ethical code of the CADR as detailed in this document and as updated from time to time.

The Arbitration Law: The Arbitration Law, 5728-1968 (Isr)

Arbitration Rules: The arbitration rules of the CADR or other rules chosen by the parties for the procedure.

Arbitration Regulations: The Civil Procedure Regulations in Arbitration Matters, 5728-1968 (Isr).

Arbitrator: Anyone appointed to the role with the parties’ consent from the CADR’s list of Arbitrators ,or  based on prior agreement between the parties, or by the CADR according to it’s rules or by anyone the parties appointed for selecting an Arbitrator or appointed by law.

• Other terms and expressions in this ethical code shall have the meaning known to them (as applicable) in the Arbitration Law, the Arbitration Regulations, and the Arbitration Rules.

C. Applicability

1. The provisions of the ethical code shall apply, with necessary modifications, to any Arbitrator conducting arbitration proceedings in the CADR.
2. The ethical code does not replace other legal provisions and/or professional ethical rules applicable to retired judges, lawyers, or any other person serving as an Arbitrator and subject to ethical rules or guidance relevant to them, as applicable to those involved in the arbitration process, and does not detract from them.
3. The guidelines of the ethical code do not create new or additional grounds for judicial review of the arbitration process and it’s results.

D. Arbitrator’s Responsibility

General

1. The Arbitrator shall fulfill their role with loyalty to the laws of the State of Israel and the fundamental values of the state.
2. The Arbitrator shall fear nothing but the law.
3. The Arbitrator shall act skillfully, diligently, professionally, and efficiently to advance the arbitration process for the benefit of all litigants before them without bias. If an Arbitrator feels unable to perform their role impartially, they must withdraw from the case.
4. The Arbitrator shall maintain the dignity and integrity of the arbitration process. The Arbitrator shall act with patience, tolerance, and respect towards the parties and their representatives and ensure that the parties do likewise towards them, the process, and each other.

E. Conflicts of Interest

• Immediately upon commencing the arbitration process, the Arbitrator shall conduct a conflict-of-interest check, disclosing to the parties any known interest at that time, including all stated in section 2 below. The Arbitrator shall also require each participant, including the parties and their representatives, to declare any connection or association with the Arbitrator that may raise concerns about a conflict of interest. Additionally, they must raise any claims of potential conflicts of interest of any other party in the process. Any such claims or concerns raised  shall be  submitted in writing to the CADR, with a copy to the Arbitrator.

1.1.      The conflict-of-interest check and its results shall be thoroughly documented in writing in the first meeting’s protocol.

 1.2.     If any such issues arise, the Arbitrator must obtain the parties’ consent to continue the process as a condition precedent to continuation. In the event the parties consent, the Arbitrator shall document and have the parties sign a separate document to be attached to the meeting protocol.

 1.3.     If the parties agree to the Arbitrator’s appointment, after being informed of the Arbitrator’s previous connections with any of the parties, or similar potential conflict of interest, they will not be able, at later stage,  to object to the Arbitrator’s appointment on this ground.

• a.   The Arbitrator shall inform the parties and their representatives of any connection, affinity, association or other matter that, in their opinion, may raise a conflict of interest or an appearance of bias, including any matters discovered after the arbitration process has begun. This includes the following disclosures:

a.1.      To the best of their knowledge, they or their first-degree relatives or their spouses have a personal and/or financial and/or commercial and/or friendly and/or work relationship that may raise concerns of a conflict of interest for any of the parties.

a.2. Previous involvement in the case as a representative, Arbitrator, mediator, witness, professional advisor, expert, or judicial role when it comes to a retired judge.

a.3.      Any personal, financial, or other interest in the case and/or its outcome.

a.4.      In the case at hand, one or more of the parties and/or their representatives were or are clients of the Arbitrator’s law firm.

a.5.      In a case where the Arbitrator and the representative of any of the parties have professional relations that include legal consultation.

a.6.      The Arbitrator serves or has served as an Arbitrator, mediator, witness, professional advisor, expert, or judicial role when it comes to a retired judge. In a matter where one of the parties to the current dispute, or the representative of any of the parties, was a party or represented a party in a dispute.

a.7. The Arbitrator represents, as a lawyer, other parties in arbitration proceedings in the CADR conducted before another Arbitrator.

a.8. In an appeal on the decision of another Arbitrator (the “decision” in this section), disclosure shall be made regarding the following cases:

(1) An Arbitrator who is a retired judge served in the same court, at the same time, in the instance from which they retired, along with the Arbitrator who made the decision.

(2) The decision was made by an Arbitrator who served with them on the same arbitration panel during the last three (3) years.

(3) The Arbitrator serves simultaneously in another arbitration panel with the Arbitrator who made the decision.

b.

b.1. If any of the matters listed in section 2(a) above arise before the arbitration begins or at the first meeting, the rules outlined in article 1 above shall apply.

b.2. If any of the matters listed in section 2(a) above are discovered after the arbitration has begun, the rules outlined in article 3 below shall apply.

3.1.      If the Arbitrator learns, after the arbitration process has started, of the existence of matters that may raise concerns of bias, including the matters mentioned in article 2 above, the Arbitrator shall notify the parties of their existence at the earliest possible time. In this case, the decision regarding the continuation of the arbitration will be made by the Arbitrator immediately after allowing the parties to present their arguments if they wish to do so. The decision shall be reasoned and made before any other decision.

3.2.      The Arbitrator shall notify the CADR regarding the matter and the decision made.

• There is no prohibition on an Arbitrator sitting in an appeal on a decision given by another Arbitrator when both conduct arbitrations in the CADR.

F. The Arbitration Process

1. The Arbitrator shall adhere to conducting the arbitration process according to the Arbitration Law, the Arbitration Regulations, the Arbitration Rules, and/or the rules agreed upon by the parties.
2. As a general rule, all meetings during arbitration shall be held in the presence of all parties and/or their representatives unless otherwise agreed, or according to rules applicable to the process, or the nature of the discussion requires it. If a hearing is held ex parte – it shall be documented and the reasons for it detailed.

G. Termination of Arbitration

The Arbitrator may terminate the arbitration if one or more of the following circumstances occur:

1. The parties and/or their representatives, or one of them, conduct themselves in a manner that does not allow the proper conduct of the arbitration.
2. During the arbitration, a legality issue arose.
3. According to the determination of the Ethics Committee.

H. Ethics Committee

1. Appeals to the Ethics Committee shall be made at the request of the Arbitrator or by the decision of the CADR.
2. If the need for an appeal to the Ethics Committee is determined according to section H.1. above, the CADR shall appoint an ad-hoc Ethics Committee consisting of two retired judges from the district or supreme court, and an additional member (appointed by the other two committee members).
3. The committee shall discuss issues brought before it as necessary. In the event of a dispute regarding a potential conflict of interest in arbitration, the committee shall have the authority to deliberate and decide, after hearing the arguments of the parties and the Arbitrator about the need to remove an Arbitrator from their position. The committee may decide to remove an Arbitrator from their position or to impose conditions on the continuation of the arbitration as it deems appropriate, including giving instructions to the parties and/or their representatives regarding the continuation of the arbitration.
4. If the committee finds that the Arbitrator should be removed from their position, the committee shall order the replacement of the Arbitrator in accordance with the CADR’s rules for replacing an Arbitrator, with reasons to be recorded.
5. If the issue of removal of the Arbitrator is brought before the Ethics Committee as defined below, the termination of the arbitration shall be contingent upon the approval of the Ethics Committee.
6. The committee’s decisions shall documented in writing and reasoned.
7. The chairperson of the committee shall be authorized to decide whether the issue referred to the committee requires a decision by the committee or an investigation by other means.

I. Confidentiality

1. The Arbitrator shall not disclose or allow the disclosure of details of the arbitration process, during and after the arbitration, to those who are not parties to the arbitration, unless the agreement between the parties permits such disclosure.
2. During the arbitration proceedings, the Arbitrator shall ensure the right of the parties to privacy of information, provided that this does not infringe upon the right to a fair process of the other parties involved in the arbitration.
3. The Information obtained by the Arbitrator is confidential and shall not be disclosed to anyone unless permission is given by the parties, required by law or by a court order.

J. Publication The ethical code of the CADR for Arbitration shall be published on the CADR’s website.

The post The Ethical Code appeared first on המשכן לבוררות ופתרון סכסוכים.

1. “Arbitrator” – Whoever is appointed to the position, as per the parties’ agreement, or by a court or a tribunal, or by another third party designated by the parties to determine the arbitrator’s identity.
2. “Expedited Proceedings” – Arbitration held in abbreviated proceedings, as outlined in the Rules contained in Part E below.
3. The “Substantive Law” – The law applicable in the State of Israel, unless the parties have explicitly agreed in writing on the subject of the arbitration as to the application of another substantive law.
4. The “Law” – The Arbitration Law, 5728-1968, as in force from time to time (including any addition to the aforementioned Law, provided it applies to the arbitration under discussion), or a law that replaces it, if any.
5. The “Decision” – The arbitral award, partial arbitral award, or any other decision of the Arbitrator.
6. “Service” – As detailed in these Rules below.
7. The “Center” – The Center of Arbitration and Dispute Resolution Ltd.
8. The “Regulations” – The Civil Procedure Regulations, 5779-2018, as in force at the applicable time.
9. “Days” – Calendar days, unless the Arbitrator has decided otherwise in the Decision or the transcript.
10. “Appeal” – An appeal against an arbitral award as per the law, to be submitted to the appeal instance of the Center in accordance with these Rules, as long as the arbitration agreement explicitly includes a provision for such an appeal in writing in advance.
11. The “Arbitration Costs” – Including expenses.
12. The “Arbitral Award” – An award granted by the Arbitrator, including an arbitral award in appeal proceedings, if filed.
13. “Claim” – An action filed with the Center according to an arbitration agreement, by a party to the dispute, or transferred by a court or tribunal to be heard by the Center, or any other appointing body.
14. “Motion” – Including a motion for a provisional remedy.
    
    B. Initiation of arbitration proceedings and appointment of the Arbitrator
15. Arbitration proceedings shall be initiated in one of the following ways:
    15.1 By prior agreement between the parties, according to which the arbitration shall be held at the Center by filing a statement of claim, to which the document containing the agreement to conduct arbitration at the Center shall be enclosed as an appendix.
    15.2 In a case where the decision to conduct arbitration proceedings was made following the initiation of legal proceedings, all pleadings exchanged by the parties up to that stage shall be provided, with the document containing consent to conduct arbitration proceedings enclosed.
    15.3 In a case where a party to the agreement initiates arbitration proceedings through Expedited Proceedings as defined above, the Rules below concerning Expedited Proceedings shall apply to the initiation of the arbitration.
16. If the parties have previously agreed on the identity of the Arbitrator for the requested arbitration proceedings; or have consented for the Arbitrator to be chosen by the Center from its active list of arbitrators; or if a court, tribunal, or a mutually agreed upon third party has determined that the Arbitrator should be selected by the Center from its list of arbitrators – the party initiating the arbitration must specify this in their application and attach any pertinent documents.
17. If the parties have not agreed on the Arbitrator’s identity, the Center shall propose to the parties at least three possible arbitrators to conduct the proceedings. If the parties have agreed to an arbitration panel but not their identities, the Center shall propose at least three possible arbitrators. If the parties cannot agree on the appointment of an arbitrator from among the arbitrators proposed by the Center (or on all panel members, as the case may be) – the Center shall appoint an arbitrator (or panel of arbitrators, as the case may be), within 14 Days of the first application, at its discretion. The Center shall give significant weight, to the extent possible, to the dispute’s substance, scope, the expertise required to administer it, and shall consider any other factor it considers relevant.
18. Should a panel of three or more arbitrators be designated to serve as the appeal instance – the most senior arbitrator from among the arbitrators shall be the panel chair, and they shall be authorized to make decisions on administrative matters even without the other panel members.
    18.1 In the absence of agreement otherwise by the parties, the most senior arbitrator on the panel shall be selected, as detailed below: If a retired judge is among the panel’s members, the judge shall be the panel chair, and if the panel includes several retired judges – the most senior among them according to their last position within their judicial tenure.
    18.2 If the panel includes two or more retired judges whose latest judicial position was of the same level of seniority, the one with the longest tenure shall serve as chair.
    18.3 If the panel does not include a retired judge, the arbitrator with the longest tenure shall serve as the panel chair.
19. Within seven Days of receipt of a notification of appointment, the Arbitrator appointed to hear the dispute shall notify whether or not the appointment is accepted. If it is declined, the parties shall act, with the Center’s assistance and according to these Rules, respectively, to appoint an alternate arbitrator. In the absence of agreement by the parties and/or agreement by the alternate arbitrator, the Center shall appoint another arbitrator within seven Days of the date on which the alternate arbitrator declined the appointment.
    
    C. Replacement of the Arbitrator
20. If the Center discovers at any stage of the arbitration, whether through a party’s request, an arbitrator’s notice, or otherwise, that the Arbitrator is unable to continue performing their duties for any reason, or if the Arbitrator has announced their resignation from managing the arbitration, the Center will appoint a substitute arbitrator as soon as possible after learning of the impediment or resignation.
21. The appointment of an alternate arbitrator shall be carried out in accordance with these Rules for appointing an arbitrator.
22. Following the appointment of an alternate arbitrator, the arbitration shall continue from the stage the hearings had reached with the previous arbitrator. The alternate arbitrator may decide to rehear the arbitration, in whole or in part, after giving all parties a reasonable opportunity to present their arguments on this matter, and for reasons to be recorded.
    
    D. Pleadings and arguments regarding the Arbitrator’s authority
23. All pleadings and Motions filed with the Center must indicate the case’s details, names and addresses of the parties, their counsels’ details, as well as an address for Service of court documents, including phone numbers, fax, and email.
24. Any pleading and Motion submitted to the Center must be simultaneously provided by the submitter to all other parties involved.
25. All pleadings and Motions shall be filed with the Center in hard copies, one copy per panel member. Concurrently, the submitter shall serve the pleadings or Motion electronically by email, to all other parties and the Center’s clerk.
26. If no statement of claim, statement of defense (including statement of counterclaim), or counterplea (including a statement of defense in the counterclaim) has been filed in court – these shall be filed in the manner and on the dates set forth by the Arbitrator according to the arbitration agreement, and in the absence of a provision on the matter in the arbitration agreement – according to a Decision by the Arbitrator. Unless the Arbitrator has directed otherwise, the dates for filing pleadings shall be subject to the dates set forth in the Civil Procedure Regulations. In such a case, the statement of claim shall be filed within 30 Days from the Arbitrator’s appointment.
    Where pleadings have been filed in court before the dispute was referred to arbitration, they will also be used for the arbitration proceedings. In the case that one of the parties seeks to make a claim with respect to the Arbitrator’s authority, this shall not detract from the obligation to file pleadings in accordance with this Section by the designated deadlines, or from the obligation to obey any Decision made by the Arbitrator. The party arguing against the Arbitrator’s authority shall file a suitable Motion, in writing, in the format and on the dates stipulated in Section F below, unless the Arbitrator has ordered otherwise. A Motion as above shall be heard at the preliminary hearing or at the time it is ready for a Decision, whichever comes first.
    
    E. Expedited proceedings
27. Once the arbitration proceedings have been initiated, or during any stage of the hearings, and with the Arbitrator’s prior approval, the sides shall be authorized to agree to transfer the arbitration proceedings to Expedited Proceedings. In such a case, the arbitration would end within a period not exceeding 60 Days from the date of the first preliminary hearing, or from the date of notice by the parties that they have agreed to transfer the arbitration to Expedited Proceedings, as the case may be.
28. The agreement to conduct arbitration proceedings by way of Expedited Proceedings as described above shall be made in writing and signed by the parties.
29. If the parties decide to transfer the proceedings to Expedited Proceedings, the Arbitrator shall decide, according to the stage of the proceedings – in consultation with the parties and in a written Decision – the procedural rules from that point onwards, in the most timely and uninterrupted manner possible.
    
    F. Additional procedural matters
30. At the start of the arbitration, the Center shall set a date for a preliminary hearing, in the parties’ presence, before the Arbitrator appointed to hear the arbitration. The preliminary hearing’s date shall be no later than 45 Days after the date on which the last pleadings were filed, unless agreed otherwise by the parties. If needed, the Arbitrator shall provide the filing deadlines for all the pleadings not yet filed, prior to setting the date for the preliminary hearing or concurrently with setting the date. However, the Arbitrator may order a preliminary hearing prior to filing the pleadings, in whole or in part, provided that in such a case an additional preliminary hearing is held after the filing of the pleadings is completed.
31. On the occasion of the preliminary hearing, or a separate decision provided no later than ten Days after the date of filing the last pleadings, the Arbitrator shall set the schedule with respect to each application related to the process of discovery, additional information, questionnaires and any other preliminary motion (preliminary proceedings), including the dates of responses to applications as stated.
32. Should a dispute erupt between the parties regarding preliminary proceedings, an appropriate Motion must be filed with the Arbitrator no later than 14 Days before the date of the preliminary hearing closest to the date, with a copy to be provided directly to the opposing party, who must respond by seven Days before the hearing date. The Motion shall be heard at the preliminary hearing.
33. After a Decision has been made with respect to all preliminary motions, if any, the Arbitrator shall decide the order of hearing the arbitration. The Arbitrator is authorized to order the filing of evidence-in-chief affidavits within no more than 60 Days from the order’s date of issuance, by all parties. Should a party notify that they are unable to file the affidavit of a certain witness, the witness shall be summoned for oral testimony. If an affidavit has been filed on behalf of a witness, the deponent shall come forward for examination on their affidavit on the date for hearing testimony designated by the Arbitrator, and if they fail to do so – their affidavit shall not be considered as evidence in the proceedings. This provision also applies in the case of an expert opinion filed as evidence on behalf of one of the parties.
34. Should a dispute erupt between the parties regarding a question of expertise, the Arbitrator may, at any stage of the arbitration, order the appointment of an expert on its behalf, provided that the parties were given a suitable opportunity to present their arguments on this matter beforehand. The parties shall bear the cost of the expert’s fees on behalf of the Arbitrator. A Decision regarding the appointment of an expert as above may be handed down regardless of whether any of the parties has filed an expert opinion on its behalf. If an expert has been appointed by the Arbitrator, the Arbitrator shall determine, in the appointment decision, the date for filing the expert opinion and decide or approve, as the case may be, the expert’s fees including the party or parties obligated to pay the expert’s fees.
35. In the preliminary hearing, the Arbitrator may examine, together with the parties, the points of dispute to be considered in the case, and the Arbitrator shall have all the powers vested in a court in a pretrial hearing under the Civil Procedure Regulations. Without derogating from the above, the Arbitrator may also endeavor to promote an arrangement between the parties.
    
    G. Conducting the arbitration proceedings
36. Procedure: The Arbitrator shall manage the arbitration in the manner deemed best and most efficient for conducting the proceedings. The arbitration will not be conducted in accordance with the Civil Procedure Regulations applicable to civil proceedings in Israeli courts at that time, unless explicitly and in writing agreed otherwise by the parties.
37. Evidence: The Arbitrator shall act in the manner deemed most fit and efficient for conducting the proceedings. The arbitration shall not be conducted according to the evidence laws applicable to civil proceedings in courts in Israel, unless explicitly agreed otherwise by the parties in writing.
38. The Substantive Law: The Arbitrator shall be bound by the provisions of the Substantive Law, unless explicitly agreed otherwise by the parties in writing.
39. The arbitration meetings shall be documented in a transcribed or recorded transcript, in coordination with the Arbitrator. The parties shall bear the cost of the documentation and transcription, as stated above.
40. The arbitration hearings shall be held at the Center’s offices. The Arbitrator may visit places related to the points of dispute at the subject of the arbitration, at its discretion, as part of the arbitration process, provided that this is determined in a reasoned Decision after providing the parties an opportunity to present their arguments on this matter. Such a visit shall be documented by the Arbitrator, or those acting on its behalf, according to the Arbitrator’s instructions. The documentation shall include a record of the visit’s location, its date, the identities of those present, the objects presented before the Arbitrator and questions raised, comments or responses heard, visual documentation, and anything the Arbitrator sees fit. The documentation shall be included in the transcripts of the arbitration hearings. The parties and their counsel shall be invited to be present at the visit, as at any arbitration hearing.
41. The Arbitrator is authorized to order that witnesses are summoned.
42. The Arbitrator is authorized to award fees to a witness, including an expert witness, if requested, as well as to decide which of the parties shall bear the payment of fees.
43. Proceedings may be conducted by video conference, in the following manner:
    43.1 Any party wishing to conduct any of the proceedings in video conference format, through video conference, Zoom, or any other virtual platform (hereinafter: “Video Conference”), shall file a reasoned written Motion to the Arbitrator, with the opposing party’s position enclosed. The Arbitrator shall grant their Decision to the parties, and the Center shall act accordingly.
    43.2 In addition to the foregoing in this Section above, the Arbitrator is authorized to order – for reasons to be recorded – that any of the proceedings will be conducted in video conference format.
    43.3 If proceedings were conducted, in whole or in part, by video conference, the Center’s Rules for video conference shall apply, as in force at the time, and they shall be provided to the parties. In any event, any meeting held by video conference shall be recorded and transcribed, and the transcription shall be regarded as a transcript of that arbitration meeting for all intents and purposes.
44. If a Motion has been filed to postpone the hearing’s dates, and the Arbitrator has found this Motion to be justified, the Arbitrator may postpone the hearing for reasons to be recorded. In addition, should the Arbitrator find a justification, for special reasons to be recorded, the Arbitrator may obligate the party requesting the postponement to bear expenses. The Arbitrator may also order that payment of the expense is a condition for postponing the hearing, if it sees fit to do so.
45. The Arbitrator is authorized to extend any deadline set thereby for carrying out any action, for reasons that will be recorded, and may condition the extension on the payment of expenses by the opposing party..
46. Upon the completion of hearing evidence, the Arbitrator shall set a date for hearing oral closing statements, which shall not exceed 21 Days from the last date when evidence was heard. The Arbitrator is authorized to approve – for reasons to be recorded – the filing of closing statements in writing, providing the sum total of all the dates for the filing thereof, including concluding arguments if their filing has been permitted by a Decision of the Arbitrator, shall not exceed 45 Days from the date of the last evidentiary hearing, unless the Arbitrator has designated a later date at the parties’ request.
47. If a date has been set for hearings and suitable notice has been given to the parties on the matter, and any of the parties has not appeared at the hearing, the Arbitrator may – at the opposing party’s request – order the granting of an Arbitral Award against the party that did not appear, based on the pleadings of the party that did appear, provided that the party that appeared and requested the same Arbitral Award has proven the facts that they were required to prove. If none of the parties appeared despite receiving suitable notice, the Arbitrator may order the dismissal of any claim filed in the arbitration proceedings. Within the aforementioned, the Arbitrator shall also include provisions regarding arbitration expenses and attorney fees for the parties’ attorneys, as deemed appropriate.
48. If a party fails to pay their share of the arbitration fees and related costs, as invoiced by the Center, and the specified payment period has passed without the party rectifying this failure within the timeframe set by the Arbitrator in the Decision on the matter, they will be considered as having failed to appear for the hearing, and the provisions of these Rules, as stated in Section 47 above, shall apply.
49. A Motion for a provisional remedy shall be filed as follows:
    49.1 A Motion for a provisional remedy shall be filed with an affidavit or affidavits to verify the facts included therein, with all relevant documents attached.
    49.2 The Arbitrator may grant any provisional remedy requested, and which the Arbitrator sees fit to grant under the circumstances, after all applicable considerations are made, and shall substantiate the reasons for the Decision. If the Arbitrator finds that there is a special urgency to grant a provisional remedy, the Arbitrator may issue a Decision with respect to the Motion for a provisional remedy without providing reasons, and will provide reasons within up to five business days afterwards.
    49.3 The Arbitrator shall be authorized to grant a provisional remedy ex parte, provided that in such a Decision they designate dates for filing a response and conducting a hearing on the Motion for the aforementioned remedy in the parties’ presence.
50. Despite the foregoing, the Arbitrator may notify the parties (or the applicant, if a provisional remedy has been requested ex ante) in a Decision that, in its opinion, the preliminary remedy should be sought directly from the competent court under Section 16 of the Arbitration Law. In the case of a provisional remedy whose execution requires or necessitates the involvement of an authority or any third party whatsoever, if the Arbitrator sees fit to consider it (and not to refer the parties directly to the competent court as stated above) and to instruct that the order should be granted, the order’s applicant shall file with the competent court under Section 16 of the Arbitration Law a suitable Motion for execution of the order and the implementation thereof, according to the circumstances, with respect to an authority or any party whatsoever that is not a party to the arbitration (subject, of course, to the competent court’s decision on the matter). However, the preliminary remedy shall be binding upon the parties to the arbitration from the moment it is granted.
51. The Arbitrator may order the parties to take any action involved in conducting the arbitration, as a court would be authorized to do in an court action. Should the Arbitrator grant an order under its authority as mentioned in these Rules above, the party against which the order has been granted shall obey the foregoing therein verbatim. Should a party fail to obey the Arbitrator’s instructions, the Arbitrator shall decide how to act, including viewing that party as not showing for a hearing, and the provisions of those Rules shall apply as above. The foregoing shall apply to the Arbitrator’s Decision even if, for any reason whatsoever, an additional decision of the competent court under the Arbitration Law has been requested on the matter, as well as if the court has certified the Arbitrator’s Decision. If the Arbitrator’s Decision has been certified by the court with the addition of amendments – the foregoing shall apply to the Decision as amended by the court.
52. Any Decision made by the Arbitrator in the absence of one party, including in cases of non-appearance or situations deemed as non-appearance as described in these Rules, may be revoked by the Arbitrator. The Arbitrator has the authority to cancel or amend such a Decision without condition if a suitable request is submitted to it after giving all parties the opportunity to present their case on this matter. Such a request must be submitted no later than 14 Days after the delivery of the ruling or Decision subject to the cancellation request. The Arbitrator may extend this period for special reasons that will be recorded, after giving all parties the opportunity to argue the matter of such an extension.
53. Upon completion of the arbitration, the Arbitrator shall grant a reasoned Arbitral Award, and may include any remedy requested in it, including a mandatory injunction to act or refrain from acting, a monetary remedy, as well as requiring payment of linkage differentials and interest. In the Arbitral Award, the Arbitrator shall decide on the question of costs for the proceedings, as well as deciding attorney’s fees, if it is determined that either of the parties should bear these costs.
54. In the absence of a Decision by the Arbitrator instructing otherwise, each party shall bear their own attorney’s fees, and the parties shall bear the arbitration expenses paid to the Center in equal shares.
55. At any stage of the arbitration and at the request of any party, the Arbitrator may order a party to deposit a guarantee or security of any kind and in the amount instructed, to guarantee the opposing party’s costs.
56. The Arbitral Award shall be served to the parties immediately after it is issued, subject to payment of full Arbitration Costs to the Center, prior to Service.
    
    H. Appeal
57. An Appeal against an Arbitral Award shall be executed as follows:
    57.1 An Appeal shall be filed on the date stipulated in the arbitration agreement. In the absence of agreement, it shall be filed within 45 Days of Service of the Arbitral Award to the parties.
    57.2 An Appeal shall be heard before the Arbitrator or a panel to be designated as an appeal instance by the parties in advance. In the absence of prior agreement by the parties, or if the agreed Arbitrator or panel are unavailable, or have not consented to sit in the Appeal, the parties shall discuss, with the Center’s assistance, to identify an arbitrator or panel agreed by the parties. Should the parties fail to reach an agreement within 30 Days of the date of Service of the Arbitral Award to the parties, each of the parties may file a Motion in court to appoint an arbitrator or panel of arbitrators to hear the Appeal.
    57.3 In the notice of appeal, the appellant party shall concisely outline its reasoning and arguments and shall enclose the Arbitral Award only. The other parties shall file a reasoned response to the Appeal within 30 Days of Service of the Appeal. The appellant may file an answer to the response within 15 Days of Service thereof. Any argument brought forth in the response to the Appeal shall be considered as refuted by the appellant, even if no answer to the response has been filed on its behalf.
    57.4 If an Appeal has been filed, the other parties may file a counterappeal within 30 Days of Service of the Appeal to them. The other parties may file a reasoned response to the counterappeal within 15 Days of Service of the counterappeal.
58. In the arbitration agreement, the parties shall designate the agreed number of arbitrators in the appeal instance. If there is agreement to conduct appeal proceedings but the number of arbitrators in the panel has not been agreed on, the Appeal shall be heard before a single arbitrator.
59. The Rules in parts B and C above shall apply to the appointment and replacement of an arbitrator to the appeals instance. If a panel of three or more arbitrators has been designated to serve as the appeals instance, the provisions of the Rules with respect to conducting arbitration by a panel of arbitrators shall apply.
60. A hearing date shall be set in the Appeal and counterappeal that is no later than 30 Days from the lapse of the date for filing the last pleadings according to these Rules (including in the counterappeal, if filed). On this date, the Arbitrator or panel, as the case may be, shall stipulate the order and manner of hearing arguments in the Appeal.
61. The Arbitrator or panel sitting in the Appeal may give instructions regarding filing the main arguments and exhibits, should they see fit to order the filing thereof.
62. The arbitrators in the appeal instance shall not hear testimonies or accept evidence, except in cases where their admission is allowed for special reasons to be recorded.
63. In case the Appeal is conducted before a panel of three or more arbitrators, a Decision shall be handed down according to the majority opinion. Should the opinions be divided such that there is no majority opinion, the Decision shall be according to the panel chair’s opinion.
    In the absence of agreement otherwise by the parties, whoever held the most senior judicial position among the panel’s arbitrators shall be considered the panel chair. Should the panel include more than one arbitrator as above, whoever has the longest and most senior judicial tenure shall serve as chair.
64. The appeal instance may uphold the Arbitral Award, nullify it, amend it, or grant any remedy it finds just and correct. The appeal instance may uphold the Arbitral Award, whether for the same reasons as the first instance or for its own reasons. It may also reject the Appeal (and certify the Arbitral Award), even if it has found a mistake in the Arbitral Award, provided a miscarriage of justice has not been caused to the opposing party as a result of this mistake. The appeal instance shall also decide on the question of expenses for the proceedings before it, including imposing its fees on one of the parties.
65. If a Motion to admit additional evidence in the Appeal is filed, the Motion shall be heard as part of the appeal hearings with no need for a separate decision, unless the appeal instance has instructed otherwise.
66. The appeal instance’s Arbitral Award shall be granted within 30 Days of completion of presenting arguments in the Appeal, including oral arguments, if any.
67. The appeals instance shall substantiate the Arbitral Award granted.
68. The Arbitral Award of the appeals instance shall be served to the parties immediately following its issuance, subject to full payment of Arbitration Costs to the Center, prior to Service.
    I. Dates
69. The date of notification by the Center that the Arbitral Award is ready shall be considered the date of completion of the arbitration or Appeal, as the case may be.
70. The date of granting the Arbitral Award according to these Rules can be extended by the Arbitrator in a Decision, for special reasons to be recorded.
    J. Arbitration fees and expenses, Service, general provisions
71. Before the commencement of the arbitration or shortly thereafter, the parties will confirm in writing, in a document prepared by the Center of Arbitration and forwarded to them, that they are aware of the arbitration fees as per the Center’s prevailing rates at that time, and will commit to pay these fees as outlined in these Rules.
72. Payment of arbitration fees shall be collected from the parties on a monthly basis and paid to the Center of Arbitration immediately upon receipt of the bill.
73. Payment shall be made on a cash basis only and installments shall not be permitted.
74. The Center shall collect from each of the parties an initiation of proceedings fee, the rate of which shall be updated from time to time and provided to the parties on the engagement date. This amount shall be collected on a one-time-basis and shall be paid together with the first payment made by the parties.
75. Additional expenses, as they occur, will be added to the monthly bill sent to the parties, along with a detailed description of these expenses.
76. Costs for typing the transcript, typing the Arbitral Award, making recordings, transcribing recordings, proofreading services, and hiring a legal assistant, if necessary, will be added to the final bill presented to the parties by the Center Arbitral Award.
77. If a request to cancel a hearing date is submitted with 72 hours’ notice or less before the hearing, the parties will be charged for three hours of the Arbitrator’s time, the cost of the canceled documentation services, and the cost of the hearing room that was allocated for the session at that time. The Arbitrator may, at his discretion, order that only the party who filed the postponement request will bear the aforementioned charges.
78. Should a Motion to cancel or postpone a hearing be filed on behalf of one party without the other party’s consent, only the requesting party shall bear the costs involved in cancellation, unless the Arbitrator has ordered otherwise.
79. A party’s obligation to pay their share of Arbitration Costs, including expenses according to these Rules, shall stand even if – for any reason – the steps set forth in these Rules are not adopted with respect to that party. The Center shall have the right to adopt any measure under law in order to collect what it is entitled to from the aforementioned party, provided it shall only be paid once.
80. Notwithstanding the above, the opposing party may bear the share of the party that has abstained from paying expenses, and the Arbitrator or panel may address this matter in the Arbitral Award, as applicable, according to the provisions of the Arbitration Law.
81. If, in the Center’s opinion, there is concern that the arbitration parties, or some of them, may not pay for the Arbitral Award or the full Arbitration Costs, the Center and/or the Arbitrator may demand that the parties or some of them, as the case may be, deposit a security to guarantee payment of their share of the Arbitration Costs, in whole or in part.
82. The Arbitrator (or the panel, as the case may be), may suspend the arbitration proceedings, the issuance of the award, or the delivery thereof to the parties, as the case may be, if the full arbitration fees (including expenses according to these Rules) have not yet been paid.
83. Pleadings, other court documents, and documents the parties must transfer directly to each other, which have been sent by email directly to the email address of each party’s counsel, and to the email of the Center’s clerk, as the case may be, shall be deemed to have been delivered and served, provided the files attached to the email notification as above are not defective and are legible. The Arbitrator may order that the documents that must be served to the Center be transmitted, in addition to the above, in a hard copy.
84. A Decision or Arbitral Award sent by the Center’s clerk by email to the email address of any party’s counsel shall be considered, in every respect, as a Decision or Arbitral Award served according to law.
85. The Arbitrator (or panel, as the case may be) shall have the right to deviate from these Rules at their discretion, provided they act in a manner that does not infringe on the parties’ right to a fair opportunity to present their arguments and admit their evidence in the arbitration.
     

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