and that only claims that stand on "the severe end of the spectrum of fraudulent claims of all kinds", as opposed to ".... Routine contractual deception that the plaintiff-victim seeks to glorify with claims of fraud and bad faith" may serve as grounds for refraining from appointing an arbitrator, whether in view of the desire of the person interested in a public inquiry to clear his name, or for reasons of public interest in the public inquiry (LCA 3331/14 Siemens AG (Foreign Company) v. Israel Electric Corporation Ltd., para. 17, August 13, 2014).
It is impossible to know at this stage whether or not there is any substance in the respondents' arguments, the issue will have to be clarified on its merits, but at the same time there is no impediment to determining at this time that this is not an exceptional dispute, or one of public importance.
From all of the above, it arises that respondents 2-4 are bound to an arbitration clause, and Geffen is entitled to the appointment of an arbitrator in relation to them.
- I will then proceed to discuss the main argument that requires a decision, which is the issue of the inclusion of Polybit in the arbitration proceeding.
In the framework of Geffen's application for foreclosures, which was clarified before the Registrar of the Honorable Acting Judge Idit Katzavi, it was clarified that the person who actually signed the three agreements with Geffen on behalf of respondents 2-4, as well as the documents related to the parent company, was none other than their father, Mr. Reuven Ofri (hereinafter: Mr. Ofri), and according to his testimony, on page 20:
Mr. Ofri, who declares in response to the foreclosure application filed against Polybit, for whom it was determined that he is the "living spirit" of Polybit, which is under his control and management, transferred all of Polybit's shares without consideration to a company called Ofek, in which he is the controlling shareholder, even sold 80% of Polybit's activity.
The Honorable Registrar states as follows in its detailed decision of October 16, 2025, which was given after the interrogation of declarants: