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Arbitration Arbitration- Judgment Arbitration- A new horizon
Arbitration
Itro
Arbitration
Arbitration is one of the alternative dispute settlement methods.
Of all the alternative methods for settling disputes, this one is perhaps closest to the court, since the arbitrator in effect decides the dispute by way of deciding, after hearing the parties. At the same time, the arbitration procedure allows parties greater control over the manner in which the proceeding is conducted, since the arbitrator is selected by the parties themselves (as distinct from the courts, where it is not permitted to request that a particular judge hear a case). It is likewise the parties themselves who determine which legal procedures apply to their case, the application of the law, the giving of grounds and the appeal instance.
 Difference between mediation & arbitration

Mediation proceedings are designed to bring parties to an agreement and the mediator does not have the power to impose any particular settlement whatsoever on them; whereas in arbitration proceedings the parties hand over control of their dispute to the arbitrator. Such authority invests the arbitrator with a heavy responsibility, compelling him to observe the same rules of conduct as apply to judicial proceedings.


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 Appeal Instance

In November 2008 the Knesset approved the amendment to the Arbitration Law (Amendment No. 2), 5769-2008 (hereinafter: Amendment No. 2). The Amendment adds two consensual routes of appeal in the arbitration proceeding. The bill was presented at the initiative of Dr. Israel Shimony, as far back as 2004, with the resolve, faith and determination that ultimately led to a change in the law


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 Consensual Arbitration It Can Be Done Differently

On October 31, 2005 the Arbitration Bill (Amendment – Appeal against an Arbitration Award), 5766-2006 was presented to the Israeli Knesset. The Bill formalizes the method of holding appeal proceedings against an out of court arbitration award. The Bill was presented by MK Ronnie Baron at the initiative of the author of the article Deputy Head of the Israel Bar Association and President of the International Consent Arbitration Institute.

By Dr. Israel Shimony


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 Consensual Arbitration
Consensual arbitration is an arbitration proceeding which includes an arbitration agreement executed at the outset, an appeal instance, review, objection or re-examination (hereinafter: “appeal”), which is intended to review the arbitration award and instruct, if necessary, as to an appropriate rectification thereof.

By Dr. Israel Shimony
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 Professional Legal Opinion
A New Horizon for Arbitration – Amendment No. 2
On November 5, 2008 the Knesset signed the bill amending the Arbitration Law, "Amendment No.2". This amendment created a mini revolution in alternative dispute resolution. It enables two routes of appeal for the parties involved in an arbitration proceeding, an option that did not exist in arbitration proceedings prior to the amendment of the law.

By Hyim Shechter, Adv*.
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 Professional Legal Opinion

A New Horizon for Arbitration – Amendment No. 2
On November 5, 2008 the Knesset signed the bill amending the Arbitration Law, "Amendment No.2". This amendment created a mini revolution in alternative dispute resolution. It enables two routes of appeal for the parties involved in an arbitration proceeding, an option that did not exist in arbitration proceedings prior to the amendment of the law.

By Hyim Shechter, Adv*.


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 What is Arbitration?
Arbitration is one of the alternative dispute settlement methods.
Of all the alternative methods for settling disputes, this one is perhaps closest to the court, since the arbitrator in effect decides the dispute by way of deciding, after hearing the parties. At the same time, the arbitration procedure allows parties greater control over the manner in which the proceeding is conducted, since the arbitrator is selected by the parties themselves (as distinct from the courts, where it is not permitted to request that a particular judge hear a case). It is likewise the parties themselves who determine which legal procedures apply to their case, the application of the law, the giving of grounds and the appeal instance.

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 A new era in Arbitration the change
By Dr. Israel Shimony, Adv.

Last November, the legislature passed the Arbitration Act Amendment (No.2), 2008 (hereinafter: "the amendment"). The Amendment added two consensual routs for appeal. Due to Dr. Shimony`s initiative and relentless efforts, the bill was finally brought to the Parliament floor and thus the law has changed.

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 Arbitration A New Horizon

Arbitration Law And Appellate Instance
On Wednesday, November 5, 2008, with the approval of the Arbitration Law Amendment (No. 2), 2008, the Knesset completed its revolution in the area of arbitration. This amendment combines two consensual routes of appeal in the arbitration proceeding. The bill was presented by Knesset members Gideon Saar and Amira Dotan, following an initiative taken by the author of the book, Attorney Israel Shimony, as far back as 2005. Now, their determination to change the law and their resolute action at meetings of the Law and Justice Committee have resulted in the law being amended.


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 Consensual Arbitration
By Dr. Israel Shimony Attorney
 
Consensual arbitration is an arbitration proceeding which includes an arbitration agreement executed at the outset, an appeal instance, review, objection or re-examination (hereinafter: “appeal”), which is intended to review the arbitration award and instruct, if necessary, as to an appropriate rectification thereof.

Consensual commercial arbitration focuses on consensual arbitration proceedings that are designed to resolve commercial disputes. We have elected to use the term “consensual arbitration” for this purpose.
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 Consensual Arbitration It Can Be Done Differently
By Dr. Israel Shimony Attorney

On October 31, 2005 the Arbitration Bill (Amendment – Appeal against an Arbitration Award), 5766-2006 was presented to the Israeli Knesset. The Bill[1] formalizes the method of holding appeal proceedings against an out of court arbitration award. The Bill was presented by MK Ronnie Baron at the initiative of the author of the article Deputy Head of the Israel Bar Association and President of the International Consent Arbitration Institute.
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 Why Settle Disputes by Arbitration?
By Dr. Israel Shimony Attorney
 
The inclusion of an arbitration clause in a contractual agreement constitutes a preventive measure, similar to bridal couples signing marriage contracts.
 
Turnover, annual profit, client lists, partnership agreements and other information about partnership activities are well-guarded secrets in law and accounting partnerships. Yet, in recent years there has been more than one case of such information being made public despite the partners’ objections. Apparently, such information is reveled when a conflict arises within the partnership and the dispute is referred to the courts by one of the partners. Such cases are the lifeblood of the written and electronic media, with their finger constantly on the pulse of the courts, seeking to know and divulge every detail to a thirsty public. At that point, previously well-kept secrets surface for all to know including clients and competitors of the firms involved.

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 Co-Operation Across the Globe
Arbitration for businesses is in general the most logical of choices to settle disputes and in particular for those companies doing business in other countries. The reasons are quite simple, a. its fast and efficient, b. as opposed to going to court there is very little waiting to set a date for the procedure to take place, c. you are in an informal but very professional setting, and d. the resources required to settle the dispute are known ahead of time for the most part as opposed to going to court which not only takes years to get a judgment but the amount of money spent can never be calculated.
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 International Arbitration
Alternative Dispute Resolution or ADR is becoming more popular with both small and large businesses around the world as the logical choice to settle disputes between themselves and their business partners.
 
International arbitration is the alternative for businesses and individuals to settle their disputes instead of going to a court of law. This fact is becoming more evident as the world has become a global village and companies do more and more of their transactions in foreign countries. The appeal of being able to stipulate the law of the country that will settle the dispute, and how the arbitrator will be chosen and by whom gives the parties to the dispute more control than they would have had they gone to court and a foreign court whose laws may be vastly different form their own.

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 What Is The Institute for Consent Arbitration

Itro, was established with the intent to promote the concept of dispute resolution through arbitration and mediation to the community as a whole. This we believe will promote the use of dispute resolution outside the court of law. It will aid parties in a dispute to better resolve their disputes in a quick, efficient and amicable way.


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