The dispute between the parties will be conducted within the framework of the Israeli Business Arbitration Institute, according to the institution’s arbitration rules with the changes detailed in this document below:
Before the start of the arbitration procedure, the parties will be offered a mediation procedure within the framework of the Business Arbitration Institute, while explaining the essence of the procedure. In case of disagreement to a mediation procedure, or in case the parties did not reach an agreement in mediation – an arbitrator will be appointed
to settle the conflict. The arbitrator will be chosen by the parties and in the absence of agreement on the identity of the arbitrator – the arbitrator will be appointed by the president of the Commercial Arbitration Institution from the list of arbitrators attached to this agreement.
The arbitrator will be entitled to appoint an expert from the list of experts attached to this agreement or another expert as required, after consultation with the parties. The Israeli Hi-Tech Association will provide a list of experts and will work with the Innovation Authority to provide and update the list of experts from time to time. The arbitrator shall be entitled to appoint such an expert, either as a consultant or for the purpose of providing a professional opinion. The payment to the expert will be paid equally between the parties.
With the appointment of the arbitrator, a preliminary meeting will be scheduled immediately, in which the arbitrator will determine the schedules and dates for conducting the arbitration. Another preliminary meeting will be held within 30 days from the date of submission of the last statement of claims and in which dates will be set for the hearing of the evidence consecutively within 6 months from the date of the meeting. Each party will have the option to request up to two adjournments in the discussions during the conduct of the arbitration, without exceeding the timetables set for the conclusion of the arbitration. The parties hereby express their will
To adhere to the schedules, including rejecting requests for time extensions that the arbitrator found did not present a special reason for rejection. Arbitration will not continue for more than a year, from the date of submission of the last statement of claims to the issuance of the arbitration award, except in unusual and exceptional cases, as determined by the arbitrator with the approval of the president of the Arbitration Institute.
The parties undertake to behave in a civil manner and with mutual respect. The parties grant the arbitrator the authority to impose costs on one of the parties or a lawyer in the event that the arbitrator found that that person behaved in a shameful way or interfered in some other way with the discussions, after warning that person of this. The costs as mentioned in this section will be included in the arbitration award.
The wording of an arbitration clause is proposed in the agreements of the members of the hi-tech union: “Any dispute in connection with this agreement will be submitted to arbitration at the Israeli Institute for Business Arbitration, which will be conducted according to the rules of arbitration in the hi-tech field.”