22 contractual obligations, or the physical sites related to the dispute are outside the parties’ jurisdiction, or (iii) the parties agreed in writing that the arbitration involves more than one jurisdiction. The New Law limits Court intervention in arbitration proceedings to specific powers such as summoning witnesses upon the arbitral tribunal’s request or refusing to stay legal proceedings if the arbitration agreement is invalid, unenforceable or not applicable. Additionally, powers previously granted to Courts under the 1968 Law, such as annulling arbitrators’ decisions or witnesses summoning, resolving fee disputes and correcting deficiencies in arbitral awards, are no longer included within the New Law. The New Law regulates the powers granted to arbitrators regarding interim measures and their enforcement. It allows the parties to request Israeli Courts to recognize and enforce interim measures, even if such measures were granted in arbitration proceedings conducted outside of Israel. According to the New Law, it is required to submit a request to the Court to have an arbitral award recognized and declared enforceable, whether it was issued in Israel or abroad. If a party seeks to appeal an arbitral award issued outside of Israel, such party will be required to file its objection in response to the enforcement submission. The New Law contains several different grounds upon which the Court may refuse to recognize or enforce an arbitral award. These include matters such as defects in the parties’ capacity, failure to provide notice of the proceedings, arbitrators acting beyond their authority, as well as grounds related to public policy or the inability to resolve the dispute through arbitration under Israeli law. An application for permission to appeal is only available for four types of cases, those concerning the appointment of an arbitrator, the disqualification of an arbitrator, the arbitrator’s incapacity or failure to act, or the arbitration panel’s power to determine its own scope of authority. The Ability of the New Law to Balance between Continuity and Innovation The New Law applies to arbitration proceedings initiated on or after its enactment, regardless of when the arbitration agreement between the parties was signed. The New Law states that the provisions of the 1968 Law, do not apply to international commercial arbitration. By extending the scope of the New Law to all arbitration agreements entered into post-enactment, the
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