Category: Arbitration/בוררות

The Arbitral Elephant in the Room

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(c) 2024 Eric S. Sherby In January and February of this year, I posted a number of pieces on this blog regarding Israel’s adoption of the UNCITRAL Model Arbitration Law.  One of the primary criticisms that I expressed of the new law is that it sets a default number of three (3) arbitrators (whereas under Israel’s

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Israel Adopts Highly Flawed ADR Convention

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© 2024 Eric S. Sherby Regardless of one’s political leanings, there is probably unanimity that the United States Senate does not rush to ratify a unilateral treaty merely because an administration (Democratic or Republican) decided to sign it. Rather, the U.S. Senate traditionally takes the time necessary to consider the pros and cons of any

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No Longer A Proposal – The Amendment To Adopt The UNCITRAL Arbitration Model Law Passes, Becoming Israeli Law

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(c) 2024 Sherby & Co., Advs. In recent weeks, we have published several blog posts regarding what had been the proposed amendment to Israel’s arbitration law. That amendment passed this week. This blog will continue to address issues of concern regarding Israel’s adoption of the UNCITRAL Model Law. In this context, we are mindful of

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The Proposed UNCITRAL Model Law — Does Israel Need It? (Part III, determining arbitrability)

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(c) 2024 Sherby & Co., Advs. As reported in our posts of January 11 and 31, Israel’s Knesset is considering adopting, for international arbitrations taking place in Israel, the Model Law of the United Nations International Trade Commission (commonly known as the “UNCITRAL Model Law”). On January 11, we began a series of posts regarding

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The Proposed UNCITRAL Model Law — Does Israel Need It? (Part II, types of relief available in arbitration)

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(c) 2024 Sherby & Co., Advs. As reported in our post of January 11, Israel’s Knesset is considering adopting, for international arbitrations taking place in Israel, the Model Law of the United Nations international Trade Commission (commonly known as the “UNCITRAL Model Law”). In Part I of this series, we examined the circumstances under which

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The Three-Arbitrator Panel – How Available Are Your Arbitrators?

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© 2024 Sherby & Co. Advs. A pervading challenge for Israeli companies that are active in the international field and which regularly contemplate including an arbitration clause in their international contracts is the question of the number of arbitrators to resolve any future dispute.  No specialist in the field of international dispute resolution recommends resolution

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סעיף הבוררות החמקמק בחוזי מכירה בינלאומיים

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(c) 2023 Sherby & Co., Advs. בארה”ב, באופן שגרתי, בתי המשפט אוכפים סעיפי בוררות הכלולים בחוזים “אחידים” או בהסכמים “סטנדרטיים”. החלטה שניתנה לאחרונה על-ידי בית משפט לערעורים בעניין של Axiall v. MECS, מס’ 21-30105 (14 ביוני 2023), נראית חריגה בנוף. תיק Axiall כלל סדרה של רכישות של ציוד תעשייתי. ברוב העסקאות הללו, הצדדים מסרו מסמכים

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Efficiency In International Arbitration – It’s More than Just Speed (Part One of Two)

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At the recently concluded Tel Aviv Arbitration Week conference, one of the Israeli speakers addressed what he perceives to be a significant ailment of international commercial arbitration — the time required to complete the adjudication of a dispute. That speaker proposed that all relevant parties — arbitral institutions, parties

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Expert Testimony — Quite A Contrast

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(c) 2023 Eric S. Sherby   Tel Aviv Arbitration Week often provides an opportunity to contrast how typical issues in dispute resolution are dealt with in Israel as opposed to how they are dealt with abroad. Edna Sussman, a leading international arbitrator based in New York City, was a speaker on the panel concerning the

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