Arbitration

Can an arbitral award in Israel be issued in a foreign currency?

Yes. The Arbitration Law 5728-1968 places no restriction on the currency of an award, and where the underlying contract is priced in dollars or euros an Israeli tribunal will normally award in that currency. Once the award is confirmed by the District Court under Section 23 it is collected through the Execution Office, which converts the sum using the Bank of Israel representative rate for the relevant date. Foreign-currency debts attract different statutory interest treatment from shekel debts, so the currency choice changes the final figure.

The arbitrator's authority to fix the currency comes from the arbitration agreement and the contract being adjudicated, not from a statutory list. Nothing in the Arbitration Law or the default rules in its First Schedule requires a shekel figure, and an award that mirrors the currency of the contract is the ordinary outcome in cross-border matters. Conversion becomes relevant only at two points. The first is confirmation, where the District Court turns the award into an enforceable judgment under Section 23. The second is collection, where the Execution Office applies the representative rate (sha'ar yatzig) published by the Bank of Israel. Interest and linkage follow the Adjudication of Interest and Linkage Law 5721-1961, which treats foreign-currency sums differently from shekel sums that are index-linked.

The exposure for a foreign party sits in the gap between breach, award and payment, which in a contested matter can run to years of currency movement. Say so in the clause: name the currency of any award, name the conversion date if conversion is ever required, and state whether interest runs at the contractual rate or the statutory one. Without that language the tribunal exercises discretion, and it may convert at the date of breach, the date of the award or the date of payment, each producing a different number. The same drafting also helps when the award travels abroad, since a New York Convention enforcement court will generally give effect to the currency stated in the award itself.

⚖ In Practice
  • Governing law: Arbitration Law 5728-1968, including Section 23 on confirmation and the default rules in the First Schedule; Adjudication of Interest and Linkage Law 5721-1961
  • Competent authority: District Court (Beit Mishpat Mechozi) for confirmation or set-aside; Execution Office (Hotza'a LaPoal) for collection
  • Conversion rate: the Bank of Israel representative rate (sha'ar yatzig), published each business day
  • Interest: foreign-currency sums carry a lower statutory interest rate than shekel sums, which are instead linked to the consumer price index
  • Deadline: an application to set aside an award must be filed within 45 days of receiving it
  • Drafting point: state the award currency and the conversion date in the arbitration clause rather than leaving both to the tribunal's discretion

From the full guide: Arbitration Remedies in Israel: Damages, Injunctions and Enforcing Your Award


Related Questions

Related Guides

Need legal help with this topic?
Get a Free Consultation with Adv. Eli ShimonyPrepared under the direction of Adv. Eli Shimony, Eli Shimony Law Office · Editorial policy

← Browse all Q&A