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The Israeli Institute of Commercial Arbitration
was founded in 1991 by the Federation of Israeli Chambers
of Commerce.
Prof. Smadar Ottolenghi (of blessed memory) was
one of the founders of the IICA and served as its first
President for nearly thirteen years. Today, the President
of the IICA is the Honorable Judge (Retired)
Amnon Straschnov.
The IICA provides two kinds of alternative dispute
resolution -- arbitration and mediation.
The IICA offers professional, speedy, and high
quality resolution services at a relatively low cost.
During its years of existence, the IICA has acquired
substantial experience, and it has administered thousands
of arbitration cases in all areas of business and in
all fields of law, including real estate, corporate
disputes, media, construction, business transactions
and more.
The IICA’s list of arbitrators and mediators
includes those from different backgrounds: retired judges,
lawyers, accountants, engineers, appraisers, economists
and more.
There are a number of ways to initiate an arbitration
before the IICA:
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Through an arbitration
agreement |
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Through the parties’
written agreement |
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Pursuant to a court
order |
| Appointment
of the Arbitrator |
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The arbitrator is appointed by the President of the
IICA in one of the following two manners:
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After receipt of the
pleadings (or description of the dispute) from the
parties, the arbitrator can be selected from the
roster of IICA arbitrators. The parties select the
most suitable arbitrator, on the bases of his or
her skills, experience, and fields of expertise. |
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Based on the parties’
joint request, from a roster of recommended arbitrators,
which is compiled specifically for those parties
based upon the facts of their dispute.
The advantage of the aforementioned methods of appointment
is that the arbitrator selected is experienced and
knowledgeable in the issues in dispute. |
Arbitration is the resolution of disputes through adjudication
by an arbitrator instead of in court. In order for a
matter to be brought before an arbitrator, both parties
must give their consent in writing. Such consent may
be expressed prior to a dispute arising, such as through
an arbitration clause in a contract, or it can be expressed
in a subsequent agreement after a dispute has arisen.
The arbitration process ends with an arbitral award,
which may be submitted to court for confirmation. A
court-approved arbitral award has the same legal standing
as a court judgment, and it may be enforced through
the Execution Office.
Mediation means bringing about a resolution through
consent. The mediation process does not result in any
adjudication. The purpose of the mediation process is
to reach a resolution acceptable to both parties.
A successful mediation process ends in the parties’
agreement, which may also be submitted to court in order
for it to be given the force of a judgment. |
