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Civil Case (Petah Tikva) 38258-01-25 D. Niv Construction and Development Ltd. v. Habonim A.M. - part 2

January 21, 2026
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The Ottoman Settlement [Old Version] 1916

12-34-56-78 Chekhov v.  State of Israel, P.D.  51 (2)6. In the framework of the application before me, the Applicant raises allegations of unusual and improper conduct on the part of the arbitrator, including claims that the arbitrator refused to allow the Applicant's counsel to conduct cross-examinations, inappropriate statements made by the arbitrator against the Applicant and her counsel in a direct dialogue between the arbitrator and the Respondents themselves, statements indicating preferential treatment towards the Respondents on matters that are not relevant and are not part of the arbitration, the arbitrator's statement that it was right for the parties to choose an arbitrator from a lawyer, The arbitrator's closure and the arbitrator's announcement that he had already completed the opinion on the subject of the construction defects, prior to the submission of summaries in this matter and without referring to the Applicant's request regarding the appointment of a Mayor, as well as a demand for payment of fees only on the part of the Applicant, as a condition for examining her request that the arbitrator resign from his position.

  1. The parties' arguments are brief;
  2. In the framework of the application and its appendices, the Applicant refers to the statements as well as to the arbitrator's decisions during the conduct of the arbitration in the framework of evidentiary hearings held before the arbitrator, which show that the arbitrator is not worthy of the trust of the parties in a manner that requires his removal from his position. According to the Applicant, the arbitrator's statements and conduct indicate bias towards the Applicant and his lack of mind.
  3. The following will be detailed in a summary of the statements and conduct that testify to the Applicant's claim of the arbitrator's unfair treatment of her, as well as his unusual statements that led to the loss of trust in him, according to the Applicant;

8.1. The arbitrator did not allow the Applicant to cross-examine the Respondents, even though they are parties in the arbitration.  (Minutes of September 7, 2023, Appendix 11 to the Application, pp.  352-353 to the Application; Minutes of September 29, 2024, Appendix 12 to the Application, at p.  490 to the Application).

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