What is the 45-day deadline for challenging an Israeli arbitral award and what happens if you miss it?
The 45-day time limit is set by Section 27 of the Arbitration Law 5728-1968. The grounds on which an award can be challenged are listed in Section 24 of the same law: the arbitral tribunal exceeded its authority; the arbitration agreement was invalid; a party was not given a fair opportunity to present their case; the award deals with a matter not submitted to arbitration; or the award violates Israeli public policy. These grounds are narrow, and Israeli courts apply them restrictively — the court does not review the arbitrator's legal or factual conclusions on the merits, only procedural fairness and jurisdictional limits. The set-aside application is filed as a petition to the District Court in the district where the arbitration took place or where the award debtor is domiciled.
Missing the 45-day deadline has permanent and irreversible legal consequences. Unlike many limitation periods that courts may extend on discretionary grounds, the set-aside deadline is treated by Israeli courts as a jurisdictional cutoff — an application filed on day 46 is rejected without any examination of the underlying challenge grounds. For parties who receive the award while outside Israel, the 45 days run from the date of actual receipt in accordance with the applicable service rules or from the date of actual delivery, whichever the court determines. Where the arbitrator issues a corrected or supplementary award after the initial issuance, the 45-day period restarts from the date the corrected award is received. Foreign parties in Israeli arbitrations must consult an Israeli attorney the moment they receive any award — not days or weeks later — to preserve their right to challenge if grounds exist.
- Governing law: Section 27 (time limit), Section 24 (grounds), Arbitration Law 5728-1968; Section 34, ICA Law 5784-2024 for international commercial arbitrations
- Competent authority: District Court (Beit Mishpat Mehozi) in the district of the arbitration seat or award debtor's domicile
- Deadline under domestic law: 45 calendar days from receipt of the final written award — calendar days, not working days
- Deadline under ICA Law 2024: 90 days from receipt of the award for international commercial arbitrations
- Consequence of missing deadline: Application is dismissed on procedural grounds without any examination of the merits — the award becomes final and enforceable
From the full guide: Challenging an Arbitral Award in Israel: Grounds, Procedure and Deadlines
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