Caselaw

Civil Case (Petah Tikva) 38258-01-25 D. Niv Construction and Development Ltd. v. Habonim A.M. - part 4

January 21, 2026
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8.7.      On November 24, 2024, the Applicant wrote a letter to the arbitrator in which she petitioned him to resign from his position (the request, the Respondents' response and the Applicant's response were attached as Appendices 19 - 21 for the application).  In the arbitrator's letter dated December 18, 2024, the arbitrator announced that: "The opinion on the subject of construction defects has been completed".  He also noted that the authority to disqualify the arbitrator is vested in the court in accordance with the sections 11 & 12 to the Arbitration Law.  In addition, he noted that in order to take the application seriously, he must read the 17-page application, including the minutes, and since this requires a lot of time, the applicant must bear his salary in order to receive the required response

In the sum of ILS 6,000 + VAT.  According to the Applicant, the arbitrator's notice that the opinion on the construction defects was completed before summaries were submitted on behalf of the parties shows that the arbitrator is acting in a biased manner and that his mind has been locked.  Similarly, the unilateral demand that the Applicant only bear the payment of ILS 6,000, as a condition for his consideration of the resignation request, is also improper and indicates bias.  (Attached as Appendix 22 to the application).

8.8.      On October 13, 2024, the Applicant submitted to the Arbitrator a request for the appointment of a Trustee.  The Respondents submitted their response to the Request on October 20, 2024, and the Applicant further submitted       Reply on October 28, 2024 (Appendices 16-18 to the Application).  According to the Applicant, until January 7, 2025, the arbitrator ignored this request and only after the motion was submitted that he resign from his position, noted that if he was not paid within a week of his requested salary for the purpose of examining the application, he would be appointed as a mayor as agreed and would continue with the arbitration (Appendix 23, p.  577 to the application).

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