The dispute between the parties will be conducted within the framework of the Israeli Institute of Commercial Arbitration (IICA), according to the IICA 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 IICA, while explaining the essence of the procedure.
In the event of disagreement to a mediation procedure, or in the event that the parties did not reach an agreement in mediation – an arbitrator will be appointed to settle the dispute. The arbitrator will be chosen by the parties from the list of arbitrators for urban renewal in the IICA (hereinafter: “the list of arbitrators”), and in the absence of agreement on the identity of the arbitrator – the arbitrator will be appointed by the president of the IICA from the list of arbitrators.
The arbitrator will be entitled to appoint an expert from the list of urban renewal experts in the IICA (hereinafter: “the list of experts”). The arbitrator shall be entitled to appoint such an expert, either as a consultant or for the purpose of providing a professional opinion.
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. The pleadings will not exceed 5 pages and will include all the relevant legal claims and facts. The affidavits of the main witness will be attached to the pleadings. A statement of defense will be submitted within 21 days from the date of delivery of the statement of claim. The first evidentiary meeting will take place within 21 days from the date of submission of the last statement of objections. The evidence sessions will be discussed sequentially.
Each party will have the option to request up to one adjournment of the discussions during the conduct of the arbitration, provided that the adjournment does not constitute an exception to the timetables set for the conclusion of the arbitration. The parties hereby express their desire to adhere to the schedules, including the rejection of requests for time extensions that the arbitrator found do not present a special reason for rejection. Arbitration will not last more than 45 days from the date of submission of the last statement of claims until the arbitration award is issued.
The arbitrator will be bound by the substantive law and will justify the arbitration award.
The President of the IICA shall have the authority to extend the deadlines set forth in these rules for reasons to be recorded.
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 urban renewal agreements: “Any dispute in connection with this agreement will be submitted to arbitration at the Israeli Institute of Commercial Arbitration, which will be conducted according to the rules of arbitration in the field of urban renewal.”