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What are the validity requirements for an arbitration agreement?
An arbitration agreement must relate to a matter that can be subject to an agreement between the parties. These agreements must usually be in writing.
Enforcement of agreements
How are arbitration agreements enforced in your jurisdiction? What is the attitude of the national courts towards arbitration agreements?
Arbitration agreements are usually implemented by mutual consent, when the parties are in dispute about a matter contained in the arbitration agreement. They can also be enforced by court order, if a claim is filed in a dispute where an arbitration agreement exists. In most cases, arbitration agreements take precedence. Arbitration is a common alternative to litigation, and the courts are generally supportive of it.
Choice of law
How is the substantive law of the dispute determined? Where the substantive law is unclear, how will a tribunal determine what it should be?
Arbitrators in Israel are not bound by substantive law, but must use their discretion and best judgement to resolve disputes fairly and efficiently. An arbitration agreement can state that the arbitration will be held according to the substantive law of whichever country the parties agree.
Are there any provisions on the separability of arbitration agreements?
Arbitration clauses in contracts are generally held to be enforceable even if the contract has expired or was breached by one of the parties, unless the arbitration agreement itself is invalid. This is set out in case law rather than formal law.
Are multiparty agreements recognised?
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