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Arbitration

Can an arbitration hearing in Israel be held remotely by video conference?

Yes. The Arbitration Law 5728-1968 leaves the conduct of the proceedings to the arbitrator, and the default terms in its First Schedule state that the arbitrator is not bound by the rules of procedure or evidence applying in the courts. Nothing in the statute requires a physical hearing room. Israeli arbitrators sit by video for procedural conferences, witness examination and full merits hearings, which is why a foreign party can arbitrate a Tel Aviv seated dispute without flying. The limit is Section 24(4), under which an award can be set aside where a party was denied a proper opportunity to present its case.

Procedure belongs to the tribunal unless the parties agreed otherwise, so an arbitrator can direct a remote hearing over one party's objection, and can equally refuse one. What matters is the record. A short procedural order fixing the platform, the treatment of witnesses, exhibit handling and the working time zone turns an informal arrangement into a documented decision the arbitrator can point to later. Because the arbitrator is not bound by the rules of evidence, remote testimony is admissible on the same footing as testimony given in the room, and the tribunal manages reliability through practical directions rather than admissibility rulings.

A party that objects to a remote hearing should say so promptly and in writing. Israeli courts are unsympathetic to a losing party that participated without complaint and then raised the format for the first time under Section 24. The seat is unaffected by where anyone dials in from, so an arbitration seated in Israel stays Israeli seated and the confirmation or set-aside application still goes to the District Court. Ask the tribunal to direct that a testifying witness sits alone, shows the room on camera, and has no unsupervised access to documents. Our guide to virtual arbitration in Israel covers the practicalities.

⚖ In Practice
  • Governing law: Arbitration Law 5728-1968, including the First Schedule default terms on procedure and evidence; Section 24(4) on setting aside for denial of a proper opportunity to present a case
  • Competent authority: the arbitral tribunal for procedural decisions; the District Court (Beit Mishpat Mehozi) to confirm or set aside the award
  • Challenge deadline: 45 days from receipt of the award to apply to set it aside
  • Procedural order should cover: platform, who may be present with a witness, recording and transcript, exhibit exchange, and the operative time zone
  • Seat: participants joining from abroad does not move the seat; an Israel-seated arbitration stays Israel-seated

From the full guide: Virtual Arbitration in Israel: Guide for Foreign Parties

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Get a Free Consultation with Adv. Eli ShimonyPrepared under the direction of Adv. Eli Shimony, Eli Shimony Law Office · Editorial policy

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