1. Why JAC Arbitration? Advantages for Palestinians 2 Israeli companies are the strong party, they impose court system and Israeli Law New choice JAC.

Slides:



Advertisements
Similar presentations
1 Enhancing Business Opportunities in Africa: The Role, Reality, and Future of Africa–Related Arbitration November 2-4, 2014 George Anthony Smith.
Advertisements

Jurisdiction and Enforcement of Arbitration Agreements.
Enforcing Settlement Agreements in Arbitration Proceedings Limassol, 18 November 2014 Speaker: Athina Papaefstratiou Fouchard.
INTERNATIONAL ARBITRATION Domenico Di Pietro STUDYING LAW AT ROMA TRE FALL SEMESTER 18 October 2010.
1 Parallel proceedings in international arbitration Day 2 Arbitration AcademySpecial course Session 2012Prof. Gabrielle Kaufmann-Kohler.
WIPO ARBITRATION AND MEDIATION CENTER 1 Ignacio de Castro WIPO Arbitration and Mediation Center February, 2008 Arbitration of Intellectual.
6228v2 Grounds for refusing recognition and enforcement of arbitral awards Justin Williams.
ARBITRATION Vis International Commercial Arbitration Moot.
1 1 ADR for Intellectual Property Disputes – ADR Practice in Luxembourg: ARBITRATION.
Conflict Resolution.
INTERNATIONAL ARBITRATION Domenico Di Pietro STUDYING LAW AT ROME TRE FALL SEMESTER 14 October 2009.
International Commercial Arbitration Lec1: Introduction & Overview (part 1)
Arbitration RA Dirk Hoffmann MBA all rights reserved Best practices – a European perspective Dirk Hoffmann, MBA, Lawyer (Germany) EU-Taiwan Seminar.
تقديم وسائل تسوية المنازعات Presentation of dispute settlement means.
ALEKSANDRE TSULADZE HEAD OF THE DEPARTMENT OF THE COURT STATISTICS AND ANALYSIS Georgian Practice of Arbitration March 2014 Supreme Court of Georgia.
Hüseyin Arslan, LLM Legal Counsel ERGO Turkey. Hüseyin Arslan, LLM. “Insurance Arbitration [Turkish Practice]”  Insurance litigation in Turkey has long.
INTERNATIONAL ARBITRATION The New York Convention 1958 Domenico Di Pietro STUDYING LAW AT ROMA TRE FALL SEMESTER 8 November 2010.
Negotiating & Drafting International Arbitration Agreements Christopher R. Drahozal John M. Rounds Professor of Law University of Kansas School of Law.
BRIEFING & ROUNDTABLE FRAMEWORK OF INTERNATIONAL ARBITRATION Marie Stoyanov, YIAG Co-chair – Freshfields Bruckhaus Deringer LLP, Paris Warsaw, Poland –
London Hong Kong Greenwich New York Geneva Milan New Haven Enforcing foreign judgments: the position in England & Wales Christopher Coffin, Partner and.
Principles of International Commercial Arbitration Allen B. Green McKenna Long & Aldridge, LLP.
INTERNATIONAL ARBITRATION Domenico Di Pietro STUDYING LAW AT ROME TRE FALL SEMESTER 7-8 October 2010.
International Commercial Arbitration The arbitral tribunal University of Oslo Giuditta Cordero-Moss, Ph.D., Dr.Juris Professor, Oslo University.
1 National Commercial Arbitration Center Development of Commercial Arbitration in Cambodia Mr. BUN Youdy, Arbitrator Member of the NCAC Executive Board.
11/21/2015Name of Footer1 December 9, 2013 Arbitrators in International Arbitration.
1 A decade of revisions at UNCITRAL Special Course 6 – James Castello Lecture 5 Arbitration Academy PA R I S SUMMER COURSES
ZIEMONS & RAESCHKE ‑ KESSLER RECHTSANWÄLTE BEIM BUNDESGERICHTSHOF.
Realizing the Advantages of International Commercial Arbitration Henri C. Alvarez October 6, 2005.
Wang Jing & Co. 敬海律师事务所 WANG JING & CO. Mr. WANG Jing 王敬 Managing Partner 管理合伙人 October 2013 Recognition and Enforcement of Foreign Arbitral Awards in.
华南国际经济贸易仲裁委员会(深圳国际仲裁院). Recent Development of Arbitration In China June 26, 2014 Latvia Recent Development of Arbitration In China Ms. ZHOU Juan Arbitrator,
ARBITRATION Vis International Commercial Arbitration Moot.
Swiss Chamber‘s Arbitration Institution
ARBITRATION Vis International Commercial Arbitration Moot.
Podpora cizojazyčného profilu výuky práva na PF UP reg. č.: CZ.1.07/2.2.00/
INTERNATIONAL ARBITRATION Domenico Di Pietro STUDYING LAW AT ROME TRE SECOND SEMESTER 2009/ October 2009.
1. Jerusalem Arbitration Center 2 A non-profit joint venture between ICC Palestine and ICC Israel in order to establish a specialized dispute resolution.
ICC Dispute Resolution Services The ICC Court powers under Article 6(2) of the Rules Alina Leoveanu Deputy Counsel, ICC International Court of Arbitration.
The UNCITRAL Model Law on International Commercial Arbitration: 25 Years 4 June 2010 “The Influence of the UNCITRAL Model Law in Hong Kong and China”
Patrick Zheng ICC arbitration in China. A specific type of ICC arbitration? The conciliation culture in China…
Turkish private international law on matrimonial property and successions Zeynep Derya TARMAN Koç Üniversitesi Hukuk Fakültesi
 Negotiation  Conciliation / mediation  Arbitration  Litigation.
ARBITRATION ACT. Challenge of arbitrator The appointment of an arbitrator may be challenged on the issues of – (i) impartiality, – (ii) independence,
Table of Contents 1.Separability – Overview of UNCITRAL Model Law, EAA 1996, UNCITRAL and ICC Arbitration Rules Case Study: Fiona Trust & Holding Corporation.
WIPO ARBITRATION AND MEDIATION CENTER 1 Ignacio de Castro WIPO Arbitration and Mediation Center Mediation and Arbitration at WIPO LLM in Intellectual.
LEE AND LI 關懷.服務.卓越 we care . we serve . we excel Arbitrating Dispute in Taiwan- Users ’ Perspective on Practice and Procedures Angela Y. Lin Partner Lee.
Enforcement & ICSID/BIT Awards 3 rd DIS Baltic Arbitration Days John Willems – 27 June 2014.
Charles University – Law Faculty October 2012 © Peter Kolker 2012 Class III
International Commercial Arbitration - Introduction - Dr. V. Lazic, Associate professor Molengraaff Institute Utrecht University
Settle your claims effectively!. Arbitration Court attached to the Economic Chamber of the Czech Republic and the Agricultural Chamber of the Czech Republic.
International Business Law Sciences Po Paris Spring 2017
Eastern Mediterranean University
ARBITRATION IN INDONESIA
Vis International Commercial Arbitration Moot
Private International Law Sciences Po Paris Spring 2017
Med-Arb or Arb-Med: Ethical and Practical considerations for single neutrals Donna Ross September 8, 2015.
International Commercial Arbitration
English Arbitration Act 1996
Vis International Commercial Arbitration Moot
International Commercial Arbitration
Recognition and enforcement of foreign judgments and arbitral awards in Russia Roman Zaitsev, PhD, Partner 05/09/2018.
Recognition and Enforcement of Foreign Judgments and Arbitral Awards
ARBITRATION AWARD.
International Business Law Sciences Po Paris Spring 2017
Introduction to Commercial Arbitration
Drafting Dispute Resolution Clauses in Cross-Border Contracts
International Investment Law (6) & (7)
ALTERNATIVE MEANS OF DISPUTE RESOLUTION
Arbitration Proceedings II
ALTERNATIVE MEANS OF DISPUTE RESOLUTION
Arbitration. What is Arbitration? Designed to provide a final outcome more quickly and one which mirrors the outcomes available in an employment tribunal.
Presentation transcript:

1

Why JAC Arbitration? Advantages for Palestinians 2 Israeli companies are the strong party, they impose court system and Israeli Law New choice JAC Arbitration Israeli Courts Israeli local arbitration JAC Arbitration International credibility ICA umbrella Lack of trust in the Israeli legal system Neutral sysem

Why JAC Arbitration? Advantages for Palestinians 3 Represented by Israeli law firms Represented by Palestinian, International or Israeli law firms Hearing by Israeli judges International, Palestinian & Israeli arbitrators High cost court fees (2.5%) Lower cost fees

4 Language HebrewLanguage English Governing law: Israeli law If not agreed, as determined by the arbitral tribunal (18(1)) Place of hearing: Israel Hearing in East Jerusalem Why JAC Arbitration? Advantages for Palestinians

JAC Jurisdiction Monetary Jurisdiction: the request shall not exceed 7M USD Territorial Jurisdiction: disputes related to Israel, the West Bank, the Gaza Strip and East Jerusalem Substantial Jurisdiction: the dispute is a business dispute 5

Special Arrangements with ICA Transfer of disputes to ICA in case one of the Jurisdiction Conditions is not met (6(3)(iii)) ICC hearings shall take place at the JAC Hearing Center in East Jerusalem, (6(3)(vii)), in accordance with the ICC International rules of arbitration Refer the appointment of one or more arbitrators to the ICA, which shall be in accordance with the rules of ICC as appointing authority (9(8)) 6

Arbitrators A national or resident of Israel, the West Bank, or the Gaza Strip, including East Jerusalem shall not be confirmed or appointed as a sole arbitrator or president of an arbitral tribunal (10(d)) The court may confirm or appoint persons as sole arbitrators or co-arbitrators and presidents of arbitral tribunals, provided that the court is satisfied with their sufficient experience (10(c)) 7

Representation before the JAC Parties to the JAC arbitration may be represented in the proceedings by any legal counsel Both parties can be represented by an Israeli, Palestinian or any International legal counsel 8

Terminology “Made” An award is “made” when it is rendered by the arbitral tribunal “Legal Seat” or “Seat” The “juridical home” of the arbitration Physical Location of Hearings Can be, but not necessarily, the same as the seat

Terminology “Annulled” An award is “annulled” when it is ruled null and void by a court at the arbitral seat “Enforced” An award is “enforced” when it is turned into a court judgment by a court other than a court at the arbitral seat

If the “legal seat” were East Jerusalem? Awards rendered would be “domestic” – Domestic Israeli awards under Israeli law – Domestic Palestinian awards under Palestinian law Lack the neutrality of international awards Two “competent authorities” – Possibility of inconsistent annulment decisions – Possibility of inconsistent arbitrator challenges

If the “legal seat” were East Jerusalem? Awards would not be enforceable outside of Israel – The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards ensures enforceability of awards in signatory States – To be subject to the Convention, award must be “made” in a jurisdiction that is a signatory State EXAMPLE: An award in favor of a Palestinian party; Israeli party has no local assets but some property in the United Kingdom. Can the Palestinian party have a UK court enforce the award? – If legal seat is East Jerusalem, award not “made” in a New York Convention jurisdiction, so no enforcement under Convention

Consequences of the Paris Legal Seat Because the legal seat is Paris, award is “made” in France (a New York Convention jurisdiction) Therefore, arbitral award is enforceable in any State that is signatory to the Convention Palestinians get full advantages of the Convention, even though not a signatory State French arbitration law (not Israeli or Palestinian) applies to the arbitral proceedings (in addition to JAC Rules) No other connection to France No annulment in France (waived in the model clause and JAC rules) Enforcement of the award can (and will likely) occur locally in either Israel or Palestine

Waiver of Recourse Decisions of the JAC court regarding the jurisdiction shall be binding on the parties (6(3)(vi)) The decision of the JAC court as to the appointment, confirmation, challenge or replacement of an arbitrator shall be final (8(4)) Every award shall be binding on the parties. By submitting the dispute to arbitration under the rules, the parties shall be deemed to have waived their right to any form of recourse, including appeal, and set aside or annulment (35) 14