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Can an Israeli court compel a witness to give evidence for an arbitration seated abroad?

In principle yes. Section 16 of the Arbitration Law 5728-1968 empowers the court to assist an arbitration by summoning a witness, compelling attendance and ordering the production of documents, backed by the same contempt sanctions that apply in ordinary litigation. Israel’s International Commercial Arbitration Law 5784-2024 adopts the UNCITRAL Model Law, whose court-assistance provision is available in support of tribunals seated outside Israel. The application goes to the District Court for the district where the witness lives or the documents are held. Courts grant this to obtain identified evidence, not to permit a broad search.

An arbitral tribunal derives its authority from the arbitration agreement, so its orders reach only the parties who signed it. A former employee, an accountant, a bank or a supplier sitting in Israel is a stranger to that agreement and cannot be compelled by the tribunal at all. The court fills that gap. It acts on an application supported by the tribunal’s approval, or on the tribunal’s own request, and it applies its ordinary rules on relevance, privilege and proportionality when deciding what to order. The Model Law framework adopted in 2024 was drafted with cross-border cases in mind and makes the position clearer where the seat is in London, Paris or New York rather than Tel Aviv.

For a foreign party this is often the difference between a provable case and an unprovable one, so plan it early. Identify the witness or custodian precisely, define the documents by category and date range, and get the tribunal to record that it considers the evidence material before you file. Allow time for translation of the underlying pleadings, since the Israeli court works in Hebrew. The witness can usually be examined in Israel with the transcript transmitted to the tribunal, which avoids arguing about travel. Our guide to evidence and discovery in Israeli arbitration explains what tribunals themselves can order.

⚖ In Practice
  • Governing law: Section 16, Arbitration Law 5728-1968; International Commercial Arbitration Law 5784-2024, adopting the UNCITRAL Model Law
  • Competent authority: District Court (Beit Mishpat Mechozi) for the district in which the witness resides or the documents are held
  • Filing fee: a motion in the District Court carries a fee of approximately NIS 1,200 (2026), plus translation and service costs
  • Timeline: uncontested applications are commonly decided within 4 to 8 weeks; genuinely urgent applications move faster
  • Limit: the court will not order disclosure wider than the tribunal itself could have ordered between the parties, and privilege claims are decided under Israeli law

From the full guide: Evidence and Discovery in Israeli Arbitration: A Practical 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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