Free Consultation
Arbitration

Does an arbitrator in Israel have to be a lawyer or a judge?

No. The Arbitration Law 5728-1968 imposes no professional qualification on an arbitrator, so the parties are free to appoint anyone they choose, whether a lawyer, retired judge, engineer, accountant, or industry expert. What the law does require is independence and impartiality. An arbitrator must disclose any conflict of interest and can be removed for bias or misconduct. The International Commercial Arbitration Law 5784-2024 takes the same approach and adds that no one may be excluded on the ground of nationality unless the parties agreed otherwise.

Arbitration in Israel rests on party autonomy, and the choice of arbitrator is one of its clearest expressions. The Arbitration Law 5728-1968 is silent on qualifications, which is deliberate: the legislature left it to the parties to decide who is best suited to resolve their dispute. A construction dispute may be best heard by a senior engineer, an accounting dispute by a forensic accountant, and a complex commercial dispute by a retired judge or a veteran litigator. The arbitration agreement can name the arbitrator, name an appointing institution, or set the qualifications the parties want. If the parties cannot agree, either side may ask the President of the competent District Court to appoint an arbitrator under Section 8 of the 1968 Law.

The freedom to choose is bounded by the duty of fairness. Whoever is appointed must act independently and impartially, must disclose at the outset any matter that could raise a doubt about their neutrality, and remains subject to removal by the court for bias, misconduct, or refusal to act properly under Section 11. For an international commercial matter seated in Israel, the 2024 Law mirrors the UNCITRAL Model Law, again setting no qualification requirement while protecting against challenge for justified doubts as to impartiality. The practical lesson for foreign parties is to specify the arbitrator's desired background in the clause itself rather than assume a lawyer is required. Our guide on appointing and challenging an arbitrator in Israel sets out the full procedure.

⚖ In Practice
  • Governing law: Arbitration Law 5728-1968 (no qualification requirement); International Commercial Arbitration Law 5784-2024 for international matters
  • Who appoints: the parties by agreement; the President of the District Court appoints under Section 8 if they cannot agree
  • Qualification: none required; any adult with legal capacity may serve, regardless of profession or nationality
  • Core duties: independence, impartiality, and disclosure of conflicts; removal for bias under Section 11
  • Drafting tip: state the arbitrator's desired expertise in the clause rather than assume a lawyer is mandatory

From the full guide: Appointing & Challenging an Arbitrator in Israel

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