December Edition 2019

6 consider this rather recent approach, many distinguished arbitrators are still quite reluctant to participate in such arrangements.” “Finally, there is an interesting move towards appointing a mediator who shall become an arbitrator, if needed,” says Adv.Gideon Fisher , founder and senior partner of Gideon Fisher & Co. “In Israel, the use of arbitration has been particularly prevalent in certain sectors, such as the Israeli diamond industry, well as the real estate and construction areas,” said Fisher. “Yet another new trend has been 'Baseball Arbitration', mainly in the diamond industry,” he adds. “Energy and natural resources disputes continue to dominate, as well as disputes arising from M&A transactions, joint ventures and shareholder agreements. The construction sector also continues to be a source of arbitrations. Arbitration is also growing as a form of dispute resolution for tech disputes and life sciences disputes,” adds London-base d Michael Darowski , Partner in International Arbitration at Gowling WLG (UK) LLP. Leading arbitration institutions, LCIA and ICC have reported increases in arbitrations. “The LCIA has reported a large increase in banking and finance disputes. The ICC reported an increase in construction and engineering cases. We have also seen an increase in disputes in the life sciences and tech areas,” indicate s Clarissa Coleman in the London office of K&L Gates. If the commercial dispute is arbitrated in Israel, international parties should be aware of the following: “First and foremost, Israeli law permits recordings (audio and video) of conversations, even where only one party is aware of it (namely, the party that records). This must be taken into account prior to arbitration proceedings and whilst the process takes place. Israeli arbitration law provides utmost flexibility and enables the parties to choose all the pertinent elements, including the identity of the arbitrator, number of arbitrators, the place, the language, the procedure, the arbitrator's fees, the duration, the right to appeal, and so on,” adds Fisher. “Israeli arbitration law provides utmost flexibility” From real estate and construction to diamonds and life sciences, arbitration is on the rise