However, this stipulation limits itself to an explicit and specific statement according to which it applies only to a dispute concerning performance or the interpretation of this agreement." In our case, there is no dispute that the loan agreement was executed by Geffen in its entirety and that Geffen lent Polybit the full amount it undertook in the loan agreement. Polibit also does not claim the existence of a dispute regarding the performance or meaning/interpretation of the loan agreement, while all of its claims to get rid of restitution are based on claims relevant to the other three agreements.
It should be clarified that while the arbitration clause in the three agreements speaks both of operations but also of the provisions of this agreement ... , the jurisdiction clause in the loan agreement speaks only of performance.
Thus, Polybit is considered to be involved in the three agreements with 2-4 and is also bound by the arbitration clause in them.
The Result
The application for appointment is granted both in relation to Polybit and in relation to respondents 2-4.
The acceptance of the application for appointment does not express a position regarding the dispute on its merits and the arguments raised within its scope and/or as to their chances.
I hereby appoint as an arbitrator retired Judge Danya Keret-Meir of the Arbitration and Dispute Resolution Center, 2 Weizmann Street, Tel Aviv, subject to her consent and declaration that there is no impediment for any reason whatsoever.
Expenses and attorney's fees:
The respondents divided themselves into two groups and filed separate pleadings, which required separate consideration by both the applicant and the court. The expense charge will also be separately.
I order Respondent 1 to pay the Applicant the expenses of the proceeding, including attorney's fees, in the total sum of ILS 30,000.
I order respondents 2-4 to pay the applicant the costs of the proceeding, including attorney's fees in the total sum of ILS 30,000
Granted today, 10 Kislev 5786, November 30, 2025, in the absence of the parties.