Can parties to an Israeli arbitration agree to use an expedited or documents-only procedure?

Section 15 of the Arbitration Law 5728-1968 is the cornerstone of procedural autonomy in Israeli arbitration. It provides that the parties may agree on rules of procedure and, absent such agreement, the arbitrator may conduct the proceedings as they see fit. This creates a wide runway for parties to elect documents-only proceedings: no oral testimony, no cross-examination sessions, no multiple hearing days. The parties exchange pleadings, documentary exhibits, and written witness statements on a fixed schedule, after which the arbitrator deliberates and issues an award. The same principle applies under Article 19 of the International Commercial Arbitration Law 5784-2024, which explicitly permits the tribunal to dispense with an oral hearing if the parties so agree. Courts have upheld documents-only awards where each party was given adequate time and opportunity to file written submissions.

For foreign parties, this procedural flexibility has significant cost implications. Eliminating oral hearings removes the need to fly witnesses to Israel and dramatically reduces attorney time. Many commercial disputes below NIS 2–3 million are well-suited to written-only proceedings. The Israel Chamber of Commerce and Industry Arbitration Institute (ICCA) maintains a separate expedited track for lower-complexity matters, typically producing an award within 3–6 months of filing. Parties should embed their procedural preferences directly in the arbitration clause or in a preliminary procedural order at the start of the reference, rather than attempting to impose them mid-proceeding. For a full overview of the Israeli arbitration process, see the guide to arbitration in Israel from clause to award.

From the full guide: The Israeli Arbitration Process: From Clause to Award — A Step-by-Step Guide

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