Quick Answer: Under Israel's International Commercial Arbitration Law, 5784-2024 (ICA Law), a party to an international commercial arbitration can apply to the appointing institution for an emergency arbitrator before the main arbitral tribunal is constituted. The emergency arbitrator can grant urgent interim relief (such as an asset freeze or injunction) typically within days. Orders are binding on the parties and enforceable in Israeli courts under Section 17H of the ICA Law.

You have just discovered that the other party to your Israeli commercial contract is transferring assets offshore, or is about to execute a deal that will destroy the value of your pending claim. Your arbitration clause requires disputes to go to institutional arbitration — but appointing a three-member tribunal takes weeks. By the time a panel is in place, the damage will be done.

This is exactly the gap that emergency arbitrators fill. Since February 2024, Israel's International Commercial Arbitration Law has brought the country into alignment with the UNCITRAL Model Law, including its emergency arbitration provisions. For foreign businesses and investors with Israel-related disputes, understanding this mechanism could be the difference between protecting your rights and chasing losses that need never have happened.

1. What Is an Emergency Arbitrator — and When Does It Apply?

An emergency arbitrator is a single arbitrator appointed by an arbitral institution specifically to deal with a request for urgent interim measures before the main arbitral tribunal has been formed. The moment the main tribunal is constituted, the emergency arbitrator's mandate ends.

The mechanism exists because constituting a full arbitral tribunal takes time. Parties must agree on arbitrators (or institutions must appoint them), potential conflicts of interest must be disclosed and checked, and preliminary procedural steps must be completed. Even in well-run institutional arbitrations, this process routinely takes four to eight weeks. A party facing a genuine emergency cannot always afford to wait.

Typical situations where parties in Israel-related disputes seek emergency arbitrators include:

  • Asset dissipation: A debtor or counterparty is liquidating assets or moving them offshore to frustrate a future award
  • Breach of exclusivity: A distributor or licensee is about to sign a competing deal in breach of a commercial contract
  • Destruction of evidence: Documents, records, or data are at risk of being deleted or modified
  • Construction or real estate projects: A party is about to undertake irreversible construction work that prejudices the other side's position
  • Trade secret misappropriation: A departing employee or joint venture partner is about to disclose confidential technology or formulas

Emergency arbitration is not a general-purpose tool. If the matter is not truly urgent, or if a brief delay to constitute the tribunal would cause no meaningful prejudice, the institution is likely to decline to appoint an emergency arbitrator. If urgency is not convincing, the emergency arbitrator will simply refuse relief.

In Practice

Emergency arbitration is designed for situations where waiting even a few weeks would cause irreversible harm. Emergency arbitrators consistently refuse applications that fail to demonstrate both genuine urgency and a credible prima facie case on the merits. Before filing, assess honestly whether your situation clears that bar. Document when you first became aware of the urgency, because delay in filing will be used against you.

2. The 2024 ICA Law and Emergency Arbitration in Israel

Before February 2024, Israeli law had no statutory emergency arbitration mechanism for international disputes. Parties in urgent situations had to apply to Israeli civil courts for interim relief, a process that worked but was governed by litigation-track procedural rules rather than arbitration principles, and could not always match the speed or confidentiality of institutional emergency arbitration.

The International Commercial Arbitration Law, 5784-2024 (ICA Law), passed by the Knesset on 12 February 2024, changed this. The law adopts the UNCITRAL Model Law on International Commercial Arbitration (as amended in 2006), including Article 17B, which governs emergency arbitrator proceedings. Emergency arbitration now has a clear statutory foundation in Israeli law.

Key provisions of the ICA Law that govern emergency arbitration:

  • Section 17B: Authorizes institutions to appoint emergency arbitrators before the main tribunal is constituted, granting those arbitrators the same power to issue interim measures as a full tribunal would have
  • Section 17H: Allows a party to apply to an Israeli court to recognize and enforce an interim measure issued by an arbitral tribunal, including an emergency arbitrator, without needing a separate civil judgment
  • Section 17I: Sets out the grounds on which a court may refuse recognition of an interim measure (mirroring Article 17I of the UNCITRAL Model Law)
  • Section 5: Restricts court intervention: Israeli courts may not interfere in arbitral proceedings except as expressly permitted by the ICA Law, so courts will generally not entertain parallel applications for the same relief once an emergency arbitrator proceeding is underway
  • Section 9: Preserves a party's separate right to apply to an Israeli court for interim measures in support of arbitration (a fallback for extreme emergencies where even the institutional appointment window is too long)

The ICA Law applies only to international commercial arbitrations. Purely domestic Israeli arbitrations (where all parties are Israeli and the dispute has no cross-border dimension) remain governed by the Arbitration Law, 5728-1968, which contains no emergency arbitrator mechanism.

In Practice — ICA Law Scope Check

Section 1(b) of the ICA Law defines an arbitration as "international" when: (a) the parties have their principal places of business in different countries; (b) a substantial part of the contractual obligations is to be performed abroad; (c) the place most closely connected to the dispute is outside Israel; or (d) the parties have expressly agreed in their arbitration clause that the dispute is international in character. Most disputes between a foreign company or investor and an Israeli counterparty will satisfy at least one of these conditions. If you are uncertain, a qualified Israeli arbitration lawyer can assess your clause before you file.

3. Who Can Apply — and What Your Contract Must Say

Not every party with an Israel-related dispute can invoke the emergency arbitrator mechanism. Three requirements must be satisfied simultaneously.

Requirement 1: An Institutional Arbitration Clause

Emergency arbitrators are appointed by institutions, not by parties or courts. Your arbitration agreement must refer disputes to an institution that has emergency arbitration rules. Ad hoc arbitration (where there is no appointing institution) does not provide access to an emergency arbitrator, because there is no institution to make the appointment.

Institutions whose rules include emergency arbitration provisions relevant to Israel-related disputes include:

  • Israel Centre for Commercial Arbitration (ICCA), based in Tel Aviv, whose 2024 rules include emergency arbitration provisions aligned with the ICA Law
  • International Chamber of Commerce (ICC), Paris, under Article 29 and Appendix V of the ICC Rules
  • London Court of International Arbitration (LCIA), under Article 9B of the LCIA Rules
  • Singapore International Arbitration Centre (SIAC), under Rule 30 of the SIAC Rules, frequently used in Asia-Pacific investment structures touching Israel
  • American Arbitration Association / International Centre for Dispute Resolution (AAA-ICDR), under its Emergency Measures of Protection rules

Requirement 2: An International Commercial Dispute

As set out in Section 1(b) of the ICA Law, the dispute must have a qualifying cross-border dimension. Commercial disputes between parties from different countries, or disputes where a substantial part of the performance is to occur abroad, will usually qualify without difficulty.

Requirement 3: Genuine Urgency

The emergency arbitrator mechanism is exceptional, not routine. Most institutional rules require the applicant to demonstrate that the urgency of the situation makes it impossible or impracticable to wait for a full tribunal to be constituted. This is a real threshold. Emergency arbitrators do refuse applications where urgency is not convincingly shown.

In Practice — Checking Your Arbitration Clause

Before investing time and institutional fees in an emergency arbitrator application, locate your arbitration agreement and confirm it designates an institution by name. A clause that simply reads "disputes shall be resolved by arbitration in Israel" without naming an institution almost certainly means ad hoc arbitration, and no emergency arbitrator will be available. Under Section 11 of the ICA Law, Israeli courts retain jurisdiction to assist with arbitrator appointments where the mechanism has broken down — but that process is slower than an institutional emergency appointment and should not be the plan of first resort.

4. Step-by-Step: Filing for an Emergency Arbitrator in Israel

While exact procedural steps vary by institution, the following sequence is broadly consistent across the major sets of rules.

Step 1: File the Application with the Institution

The application is submitted directly to the secretariat of the relevant institution: the ICCA in Tel Aviv for Israeli institutional arbitrations, or the ICC Secretariat in Paris, the LCIA Registry in London, and so on. It is not filed with any Israeli court at this stage.

A complete application typically includes:

  • A copy of the arbitration agreement or the commercial contract containing the arbitration clause
  • A concise statement of the relief sought and the grounds for urgency, with supporting evidence
  • A description of the underlying dispute and the applicant's prima facie case
  • Affidavits or witness statements addressing urgency and the risk of irreparable harm
  • Payment of the institution's emergency arbitration fee (there is no deferred payment arrangement; the fee must accompany the filing)

Step 2: Institution Appoints the Emergency Arbitrator

Once the application is received and the filing fee is paid, the institution appoints an emergency arbitrator, typically within two to five business days. Under the ICCA's 2024 rules, the appointment is made by the institution's president or a designated committee without party input, to avoid delay. The emergency arbitrator is selected on availability, absence of conflicts of interest, and relevant subject-matter expertise.

Step 3: Preliminary Timetable and Exchange of Submissions

Once appointed, the emergency arbitrator sets an extremely compressed procedural timetable. The responding party is typically given between 24 and 48 hours to submit a response to the application. The emergency arbitrator may hold a hearing (in current practice, almost always by video conference) or may decide the application on the documents alone.

Step 4: Emergency Arbitrator Issues the Order

Under most institutional rules, the emergency arbitrator must issue an order within 15 days of appointment, extendable by agreement or in exceptional circumstances. The order sets out the relief granted or refused, the reasons, and any conditions the applicant must satisfy. The most common condition is posting security to protect the respondent against loss if the emergency order later proves to have been wrongly granted.

Step 5: Commence the Main Arbitration in Parallel

Filing for an emergency arbitrator does not replace the obligation to commence the main arbitration proceedings. Under the ICCA rules and most comparable institutional rules, the applicant must file a notice of arbitration simultaneously with or immediately after the emergency application. If the main arbitration is not commenced within the specified period (typically 10 days from the emergency application), the emergency arbitrator's appointment will lapse.

In Practice — Realistic Timeline

In a well-run emergency arbitration under ICCA or ICC rules: Day 1 — application filed and fee paid; Days 3-5 — emergency arbitrator appointed; Days 4-7 — respondent's reply received; Days 5-8 — hearing (if any) held by video conference; by Day 20 — final order issued. From first contact with the institution to a binding order, the realistic window is two to three weeks. This is significantly faster than obtaining equivalent relief through Israeli civil litigation, where even an urgent ex parte application to a District Court typically takes several days, followed by a hearing at the respondent's earliest opportunity.

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5. What the Emergency Arbitrator Can — and Cannot — Order

What Can Be Ordered

Under Section 17B of the ICA Law, an emergency arbitrator has the same scope of authority to grant interim measures as the main arbitral tribunal. This includes:

  • Asset freezes (*tzav ikul*): Restraining a party from disposing of specific assets, including Israeli bank accounts, real property registered at the Israel Land Authority (*Rashut Mekarkein*), or shareholdings in Israeli companies registered at the Companies Registrar (*Rasham HaChevrot*)
  • Prohibitory injunctions: Ordering a party not to take a specific action, for example not to execute a competing agreement, not to disclose confidential information, or not to proceed with construction work
  • Mandatory injunctions: Ordering a party to take a specific action to preserve the status quo, for example to restore access to a shared computer system or to maintain the operation of a joint venture
  • Evidence preservation orders: Requiring a party to preserve documents, data, or physical evidence that may be relevant to the arbitration
  • Security for costs: Ordering a party to post a bond or deposit funds as a condition of pursuing or defending a claim

What Cannot Be Ordered

The emergency arbitrator's powers have important limits that parties sometimes overlook when planning their strategy:

  • No power over third parties: The emergency arbitrator can only bind the parties to the arbitration, not banks, government registries, or other third parties. To actually freeze an Israeli bank account or register a caveat on real property, you must take the order to an Israeli court for enforcement under Section 17H of the ICA Law
  • No final determination on the merits: An emergency order is interim. The emergency arbitrator cannot issue a final award on the substance of the dispute or grant damages
  • No coercive power over non-parties: Witnesses cannot be compelled to give testimony, and documents cannot be demanded from parties who are not signatories to the arbitration agreement
  • Time-limited authority: Once the main arbitral tribunal is constituted, it reviews the emergency order and may vary, suspend, or terminate it at its first procedural conference
In Practice — Asset Freezes and the Execution Office

When an emergency arbitrator orders an asset freeze involving Israeli bank accounts or registered real estate, you will need a second step to give the order practical effect. Apply to the relevant District Court (*Beit Mishpat Mehozi*) for recognition under Section 17H of the ICA Law. Once the court recognizes the order, enforcement is carried out through the Execution Office (*Lishkat HaHotzaa LaPoal*), which can issue instructions directly to Israeli banks and to the Israel Land Authority (*Rashut Mekarkein*) to register a creditor's warning note (*he'arat azhara*) on the property. This two-step process (emergency arbitrator order, then court recognition) typically adds one to two weeks to the overall timeline, but is legally required because arbitrators have no independent coercive authority over third-party institutions in Israel.

6. Enforcing the Emergency Arbitrator's Order in Israel

An emergency arbitrator's order is binding on the parties to the arbitration from the moment it is issued. But "binding" is not the same as "self-executing." If the losing party complies voluntarily, no further steps are needed. If they do not, judicial enforcement is required.

The Section 17H Mechanism

Section 17H of the ICA Law provides that a party may apply to an Israeli court to recognize and enforce an interim measure issued by an arbitral tribunal, including an emergency arbitrator. The application is made to the competent District Court. The court does not re-examine the merits of the order. It reviews only whether the order meets the threshold conditions under Section 17I of the ICA Law, which mirror Article 17I of the UNCITRAL Model Law:

  • The party against whom the order is sought was given notice and an opportunity to present its case to the emergency arbitrator
  • Recognition of the order would not be contrary to Israeli public policy
  • Recognizing the order would not be incompatible with a prior court or arbitral decision on the same subject matter

The court may also decline recognition on the grounds set out in Section 36 of the ICA Law, for example if the arbitration agreement was invalid, if the respondent was not given adequate notice, or if the arbitral process breached basic due process requirements.

Speed of Court Recognition

Israeli District Courts generally process applications to recognize emergency arbitrator orders on an expedited basis. The court may grant recognition ex parte (without first hearing the respondent) in genuinely extreme circumstances, though it will typically notify the respondent and give them a brief opportunity to object before the order is confirmed. In straightforward cases, recognition can be granted within a few days of the application reaching the court.

If the Respondent Has No Assets in Israel

If the party against whom you seek enforcement is based entirely outside Israel with no Israeli assets, a District Court recognition order has limited practical utility. In that situation, you would need to enforce the emergency arbitrator's order in the jurisdiction where the respondent's assets are located, using the courts of that country. Most New York Convention signatories will recognize and enforce arbitral interim measures, though procedures vary considerably and local counsel will be required.

In Practice — Grounds for Refusal Under Section 36

Israeli courts rarely refuse to recognize arbitral interim measures on public policy grounds in commercial disputes. The most common grounds on which recognition is actually contested in practice are procedural: the respondent arguing that they were given inadequate notice before the emergency arbitrator issued the order, or that a security condition was not properly specified. Emergency arbitrators and applicants can pre-empt these challenges by building a clear record of notice to the respondent and ensuring that any security requirement is precisely defined in the order itself.

7. Practical Considerations for Foreign Parties

Act immediately — delay undercuts your urgency argument

The credibility of an emergency arbitration application depends on speed. If you knew about the situation for a week before filing, the emergency arbitrator will probe whether the urgency is genuine. Document precisely when you first became aware of the issue, and file as soon as you have assembled the core evidence package. Every day of delay is a fact the respondent will exploit.

Prepare Your Evidence Before You File

Unlike litigation, where discovery comes later, emergency arbitration requires you to put your evidence in front of the arbitrator almost immediately. Organize sworn statements, commercial correspondence, contracts, financial records, and any expert opinions before you file. Be ready to produce them within hours of appointment. Emergency arbitrators expect a complete, professional evidentiary package at the outset.

Consider Whether to Apply to Israeli Courts in Parallel

Section 9 of the ICA Law preserves a party's right to apply to an Israeli court for interim measures even while arbitration proceedings are underway or about to commence. In extreme emergencies where even the two-to-five-day institutional appointment window is too long, applying to a court simultaneously is legally permissible. In practice, courts will usually decline to grant overlapping relief once an emergency arbitrator is in place, but they retain jurisdiction for truly exceptional circumstances, for example where the counterparty is actively dissipating assets in real time.

Budget Realistically for Dual-Track Costs

Emergency arbitration involves multiple cost streams running simultaneously. You will pay the institution's emergency arbitration filing fee, the emergency arbitrator's hourly fees, your Israeli counsel's fees, and potentially the fees of counsel in other jurisdictions if the respondent's assets are abroad. If you proceed to court recognition under Section 17H, add court filing fees and the cost of Israeli litigation counsel for that application. A contested emergency arbitration before a major institution, followed by Israeli court recognition proceedings, can realistically cost between NIS 50,000 and NIS 200,000 or more in combined professional fees depending on complexity, speed, and the institution chosen.

Review Your Arbitration Clauses Before Disputes Arise

If you are reading this before a dispute has arisen, use the information here to review your Israeli commercial contracts. An arbitration clause that does not designate a recognized institution, or that designates an institution without emergency arbitration rules, leaves you without access to this mechanism at the moment you most need it. For significant commercial relationships (joint ventures, licensing agreements, construction contracts, technology deals), the arbitration clause should be drafted with emergency arbitration access explicitly in mind.

In Practice — Fee Deposit Requirement

Most institutional rules require the applicant to pay the emergency arbitration deposit before the emergency arbitrator is appointed. There is no credit, deferred payment, or waiver arrangement. Under the ICCA's 2024 rules, the fee must be paid simultaneously with filing. The institution will confirm the current deposit amount when you contact their secretariat; amounts vary by institution and are updated periodically. Failure to pay on time means the application is held unprocessed, which defeats the purpose of filing for emergency relief in the first place. Have your payment method ready before you make contact with the institution.