Arbitration

Can a foreign lawyer represent a party in an arbitration seated in Israel?

Generally yes, particularly in international arbitration. Arbitration is a private, consensual process rather than a court appearance, so the representation monopoly that the Bar Association Law 5721-1961 gives Israeli-licensed advocates in the courts does not automatically extend to it. The International Commercial Arbitration Law 5784-2024 confirms that a party may be represented by a person of its choice, which includes foreign counsel. In purely domestic Israeli arbitration the position is less settled, so parties often pair foreign lawyers with an Israeli advocate.

Because the parties' agreement and the chosen rules define how an arbitration runs, the tribunal can accept whoever a party appoints as its representative. The court-representation monopoly in the Bar Association Law is aimed at appearances before the courts, not at a private tribunal the parties created by contract. For cross-border disputes the International Commercial Arbitration Law 5784-2024, which brought a framework modelled on international practice into Israeli law, allows each side to be represented by a person of its choosing. This freedom is one reason international parties favour arbitration, and it sits alongside the wider advantages set out in our guide to international commercial arbitration in Israel.

A foreign company should still take three practical points into account. First, the arbitration agreement and any institutional rules may say something specific about representation, so they should be checked before instructing counsel. Second, foreign lawyers are not licensed to give advice on Israeli law, so local counsel is usually needed for questions of Israeli substantive law and strategy. Third, the court stages that bracket an arbitration, such as confirming or setting aside the award before the District Court under the Arbitration Law 5728-1968, are court appearances and require an Israeli-licensed advocate. Pairing foreign and Israeli lawyers from the outset avoids gaps at exactly those moments.

⚖ In Practice
  • Governing law: International Commercial Arbitration Law 5784-2024; Arbitration Law 5728-1968; Bar Association Law 5721-1961
  • Competent authority: the arbitral tribunal; the District Court for confirming or setting aside the award
  • International arbitration: foreign counsel may generally represent a party freely
  • Domestic arbitration: less settled, so pairing with an Israeli advocate is the common, safe practice
  • Court steps: confirmation or set-aside under the 1968 Law are court appearances requiring an Israeli-licensed advocate

From the full guide: International Commercial Arbitration in Israel: A Complete Guide


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