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Arbitration

Is a transcript or written record kept of an arbitration hearing in Israel?

Not automatically. Section 2 of the Arbitration Law 5728-1968 makes the First Schedule the default rulebook, and it leaves procedure and evidence to the arbitrator, who is not bound by the rules that govern the courts. Most Israeli arbitrators keep a short protocol summarizing what happened rather than a word-for-word transcript. Parties who want stenography, an audio recording or a full transcript have to say so in the arbitration agreement or in the terms of reference, and have to agree who pays. The choice matters, because a set-aside application under Section 24 is difficult to prove without a record.

Procedural freedom is the design of the statute, not a gap in it. The arbitrator decides how evidence is taken, whether witnesses are examined orally, and what goes into the file, subject to the overriding duty to act fairly and to give each side a reasonable opportunity to present its case. That duty is enforceable: failure to give a party a proper hearing is one of the grounds on which a court can set an award aside. Where a protocol is kept, the practice is for the arbitrator to read it back or circulate it so the parties can correct it. Whatever was recorded becomes the evidentiary basis if the award is later challenged, because the reviewing court does not rehear the dispute.

A foreign party has more at stake here than an Israeli one. Testimony may be given in Hebrew and interpreted, documents may be translated, and a summary protocol written by the arbitrator will not capture what a witness actually conceded under cross-examination. Raise the issue at the first procedural hearing, before the terms of reference are signed, and put the arrangement in writing: who engages the stenographer, in what language the transcript is produced, how quickly it circulates, and how the cost is split. A confidentiality point follows as well, since a transcript filed with a court in a challenge becomes part of the court file. Our step-by-step guide to the arbitration process in Israel sets out where each of these decisions falls.

⚖ In Practice
  • Governing law: Section 2 and the First Schedule, Arbitration Law 5728-1968
  • Competent authority: The arbitrator sets procedure; confirmation and set-aside applications go to the District or Magistrate’s Court
  • Default position: A summary protocol kept by the arbitrator, with no verbatim transcript unless the parties agree on one
  • Cost: Professional stenography runs approximately NIS 3,000 to 5,000 per hearing day (2026), normally split and reallocated in the costs award
  • Deadline: An application to set aside an award must be filed within 45 days of receiving it, so order transcripts early

From the full guide: The Arbitration Process in Israel: Step by Step

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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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