Caselaw

Civil Case (Petah Tikva) 38258-01-25 D. Niv Construction and Development Ltd. v. Habonim A.M. - part 10

January 21, 2026
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            Adv. Nakar: That's not true.

            Eliav: Enough, but you go into my words every second, you don't respect...

            Adv. Nakar: But that's not true, don't put things in our mouths.

            Eliav: I don't put things in your mouth.  In the statement of claim, you attached four documents, right?

            Adv. Nakar: You added that.

            The Honorable Arbitrator: Talk to me, why do you answer...  It doesn't exist."

  1. The statement attributed to the arbitrator by the Applicant regarding his fees, as attesting to his impartiality, was made while he was trying to conduct the hearing on September 29, 2024 continuously, when, as it appears from the transcript, the arbitrator was under the impression that the Applicant's counsel again unnecessarily stopped the interrogation in a manner that delayed the hearing.  The same applies to the statement that can attest, at most, to the arbitrator's display of empathy towards respondent 3 during his interrogation (p.  405 of the application):

            "The Honorable Arbitrator: Good for me, Eli, you weren't there.  I ask, I don't want to hear these conversations anymore, I've heard it 20 times, I don't want to.  I want to move forward.  You're deliberately stopping my interrogation. 

            Adv. Nakar: No, only...

            The Honorable Arbitrator: You are deliberately looking to do this, that's what I feel.  You keep repeating it, I'm tired of hearing it 20 times.  And you're constantly infuriating them, let me move forward."

            Adv. Nakar: I just want to...

            The Honorable Arbitrator: I don't want to, I want to move forward now.  Materials and doubts, you can't move forward like this.  Materials and doubts, I don't cover my fees and I'm asking for my fees, I don't know, there won't be anything left for you and no.

            Adv. Nakar: Tell me, where were you that he spoke here for five minutes and all of this has nothing to do with the answer.  No, I'm asking you where you were and why didn't you stop him?

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