Hamburger Evron & Co.

A new initiative aims to encourage application to arbitration by regulating the field in a model similar to that of the Israeli Judicial Committee. Experienced arbitrators and attorneys that often represent clients in arbitration are supportive in principle, but have reservations about the potential consequences of the wording of the proposal submitted to the Justice Minister

Attorney Zvi Piron, one of the founders of the Arbitration Institute of the Israel Bar Association (IBA), says that the Arbitration Institute currently includes more than 1,300 attorneys, “including retired judges, and in light of this, I don’t see the point of creating an additional pool”. In contrast, Attorney Gaby Moyal Maor of law firm Hamburger Evron & Co., Chairman of the IBA’s Arbitration Committee, does actually believe there is a need to regulate the competencies of arbitrators. “The expectation of an arbitrator, as of a judge, is that he or she will have knowledge and skills to resolve the dispute before them, and do so in a professional manner and without bias. They must know how to navigate the process according to the terms of the arbitration agreement and the law. It is therefore necessary that those engaging in the task have appropriate capabilities and skills.”

To legislate or not?

“No to legislation – yes, if it’s more of a recommendation. If they want to restrict through law, this must be done primarily in areas of interest - so that an attorney who does not deal in real estate should not arbitrate in such cases”. Attorney Moyal Maor also supports specialization and professionalism. “Engagement in arbitration should be conditional on participation in and successful completion of a course providing appropriate training. On the other hand, I don’t believe it necessary to impose additional threshold conditions, which could be construed as an unreasonable limitation of the freedom of occupation”.

Attorney Dinovicki relates too to the difference that exists between arbitrators who come from the benches of justice and those that come from the practice of law. “Retired judges are, in most cases, veterans of solving disputes and have experience in judging, as opposed to attorneys. In this area too, the aspect of specialization has more meaning than seniority”.