Arbitration

  • S. Horowitz & Co. is recognized by the market as the top tier practice for dispute resolution and, in particular, for resolving disputes by way local and international arbitration. We have acted on many of the high profile, complex and high value claims to be resolved by way of arbitration.

     

    Our team has extensive experience resolving disputes by way of ad hoc arbitration, including within the framework of Israel's Arbitration Law and UNCITRAL, as well by way of local and international institutional arbitration under the aegis of the ICC and the LCIA or the domestic arbitration rules of the Institute for Consent Arbitration and the Israeli Institute of Commercial Arbitration.

     

    In addition to appearing and resolving claims before arbitration tribunals, our expertise also includes:

     

    • Reviewing and crafting arbitration clauses in agreements so that they are effective under Israeli law
    • Applying for stay proceedings brought in breach of arbitration clauses
    • Appearing before courts in order to enforce or resist the enforcement of arbitral awards
    • Setting aside or supporting the appointment of an arbitrator
    • Appealing "first instance" arbitration awards under the framework of Israel's Arbitration Law

     

    Members of the team are regularly appointed as sole arbitrator or as a member of an arbitration tribunal adjudicating upon claims covering a wide and diverse range of industry sectors.

    • Representing Shapir Civil and Marine Engineering in an arbitration claim of approximately NIS 1 billion (approximately US$ 250 milllion) filed in arbitration proceedings brought against Netivei Israel - National Transport Infrastructure Company Ltd., in relation to the Design-Build project of Route 22
    • Representing Hilton Hotel Corporation in arbitration proceedings regarding the unlawful termination of certain management agreements for the Jerusalem Hilton.  The client was awarded in excess of US$ 25 million by way of damages.  Our firm also acted for Hilton in Hilton's successful defence, in both the District and the Supreme Court, against the defendant's subsequent applications to have the award set aside
    • Representing Dead Sea Works (a group of factories in the Dead Sea which produce potassium minerals and bromine from the natural resources belonging to the State of Israel) in arbitration proceedings concerning the amount of mineral royalties payable pursuant to the Dead Sea Concessions Law, 1961.  The State of Israel issued a licence to Dead Sea Works to permit the extraction of certain of the natural resources in the area in return for royalties being paid to the State.  The State claims that for a period of 10 years Dead Sea Works underpaid royalties in the amount of US$ 265 million
    • Representing Paz Oil, Israel's largest oil and gas company, in an arbitration before the retired President of the Supreme Court, Meir Shamgar, with regard to claims filed against Paz by Mivney Gazit (2000) Ltd and Mivney Gazit – Properties Ltd requiring Paz to expand a joint project for the establishment of a commercial and office tower in Tel Aviv and to pay compensation of tens of millions of NIS for alleged damages
    • Representing Shapir Civil and Marine Engineering in arbitration proceedings against the State of Israel relating to the project for the construction of the Fast Lane Highway on Road 1. The dispute relates to a project the costs of which are approximately NIS 0.5 billion (approximately US$ 125 million)
    • Representing the tycoon Ephraim Shurka and various American companies in his ownership, in large-scale arbitration proceedings relating to the dissolution of a partnership with Yair Rabinowitz (the former Income Tax Commissioner) and companies in his control.  The proceedings concerned the winding up of a partnership holding a real estate portfolio with a value in excess of half a billion shekels
    • Representing Iscar Cutting Tools in arbitration proceedings relating to disputed ownership of copyright, against photographers who had photographed commercial catalogues for the company
    • Representing a privately held IT company in an arbitration before the retired Judge of the Supreme Court, Dr. Ayala Procaccia, in a dispute valued at hundreds of millions of NIS with a private company owned by the entity which administers Israel’s pension funds