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Arbitration Arbitration- Judgment Arbitration- A new horizon
Ph.d
Itro
Ph.d
May 12, 2010

A New Horizon for Arbitration and Appellate Instance, By Dr. Israel Shimony.
An essay submitted to IUBL in Partial fulfillment of the Requirements
for the Ph.d Degree. 
 
Adv. Shimony`s efforts to amend the law were driven by the sad state of arbitration in Israel, which did not match modern legal or business dynamics. The old Arbitration Law - which was amended only once in more than 40 years - granted the arbitrator almost absolute authority, even to bring about the financial downfall of an individual or company, without giving reasons, without judicial supervision, and without a right to appeal.
 
The origins of the arbitration system have been founded in the Jewish People`s conciousness for thousands of years. The Old Testament book of Exodus tells of Jethro, Mozes` father-in-law, who came to the desert and watched Mozes adjudicate the nation`s disputes from sunrise to sunset. Mozes answers questions, prescribes solutions, and passes judgment. Scripture states that "the people stood by Mozes from the morning unto the evening". Jethro wonders: it cannot be that an entire nation rely on one man alone.

Both the man and the nation will eventually wear under the burden, and so, Jethro proposes a solution: instead of Mozes hearing every matter, both large and small, a legal hierarchy must be instituted, so that only the more complicated issues are brought before Mozes the prophet and leader of the nation; issues which only a man of his stature can resolve. A division of responsibilities must be instituted, which would allow other people to become involved in the judicial process and in the system of law. Jethro, to use current terminology, provides constructive criticism in order to better the plight of the people.
 
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