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Civil Case (Petah Tikva) 38258-01-25 D. Niv Construction and Development Ltd. v. Habonim A.M. - part 3

January 21, 2026
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8.2. The arbitrator's statement at the end of the hearing of September 7, 2023:I would have saved this bag".  (Transcript of September 7, 2023, Appendix 11 to the Application, p.  368, line 18).

8.3.     In the hearing held on September 29, 2024, the arbitrator allowed cross-examinations onlyIf he stays         Time", even though the entire hearing was supposed to be devoted to the cross-examination of witnesses and it was clear that    The arbitrator does not control the course of the hearing or has the ability to restrain the respondents' representatives in a manner that     that thwarted the possibility of conducting cross-examinations.  The Applicant refers to the arbitrator's statements At the same hearing, whereby he said to respondent 2 in a disrespectful manner towards the Applicant's counsel: "Talk to me What do you answer?             ...  It doesn't exist".  (Minutes of September 29, 2024, attached as Appendix 12)             to the application, where the applicant refers to pages 404, 405 and pp.  426, 428 of the application).

Copied from Nevo8.4.    At the meeting on September 29, 2024, the arbitrator asked the Applicant to know in advance what questions were prepared for the cross-examination and made the interrogation conditional on him receiving the questions in advance.  (Pages 507) - 511 in Appendix 12 to the Application).

Subsequently, the arbitrator stipulated the existence of a cross-examination without editing a transcript, contrary to the decision of the        The appointment of the court according to which the minutes of the arbitration will be conducted (p.  515 of Appendix 12).

8.5.      At the meeting on September 29, 2024, the arbitrator announced that he would begin writing the opinion after receiving the       payment from each party, based on the data before it and after receiving summaries from the parties          without the subject of the investigations (p.  517 of Appendix 12 to the application).

8.6.      At the meeting on September 29, 2024, the arbitrator conducted a dialogue with the respondents and their counsel in relation to the             to the possibility that the Applicant will petition the District Court on the matter of arbitration (p.  518 to Appendix 12 to the application).  He also stated to the respondents: "You ...  We sink deeper into the mud.  They don't ...  They have an interest." (p.  522 of Appendix 12 to the application).

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