No Longer A Proposal – The Amendment To Adopt The UNCITRAL Arbitration Model Law Passes, Becoming Israeli Law

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In recent weeks, we have published several blog posts regarding what had been the proposed amendment to Israel’s arbitration law. That amendment passed this week.

This blog will continue to address issues of concern regarding Israel’s adoption of the UNCITRAL Model Law.

In this context, we are mindful of the lesson from the evolution of Israel’s revised civil procedure rules. The 1984 civil procedure rules were replaced by a very different set of rules in 2018 – however, the effective date of those rules was put off until January 1, 2021. In that intervening time period, many amendments were made to the “2018” version.

One lesson that lawyers in Israel learned from the “2018 amendment” of Israel’s civil procedure rules is that amendments can be amended — sometimes shortly after the “initial” amendments.  To that general observation, we would add that the more far reaching a set of amendments, the more open the legislature should be to whether even further amendments should be considered. In other words, pride of authorship should be put to the side.  We will “put meat on the bones” as to amending the amendments when we continue discussing the issue of the number of arbitrators.

In addition to addressing issues of concern regarding the new arbitration law, we will delve into drafting considerations that need to be taken into consideration at the contracting stage.

Although the phrase “stay tuned” is overused in blogs and other online fora, in this case, we can think of no better advice.