The Honorable Arbor: I don't understand. Why won't it be permanent?
- Weinroth: Because the court got the impression that we can step into the father's shoes, and as much as they succeed, if they succeed, if there is someone who of course succeeds, then we are stepping into our shoes when it comes to inheritance...
The Honorable Arbitrator: I don't understand that. Why aren't you interested in managing an estate? It's much better for you. Why should you go down to your personal property?
- Weinroth: There's a widow in the story, there are people here whose inheritance, she expects her inheritance. She doesn't want to go to an estate manager who will now approve whether to take A, B or C.
The Honorable Arbitrator: Why? Asking for instructions.
- Weinroth: Yes, but it's very difficult."
- As mentioned, a few days later, the Family Court issued a ruling, which rejected the request to appoint an estate administrator. Following the aforesaid, on November 26, 2019, Gertner filed a motion with the arbitrator, in which they updated him regarding the judgment that had been rendered, as well as the fact that on November 11, 2019, they filed an appeal against this judgment with the District Court, with these attached to the arbitrator's attention, and he was informed that a hearing was expected on June 8, 2020.
- In light of the above, Gertner said in their announcement that "in this state of affairs, subject to the appeal of the Gertner brothers, the estate is supposed to be managed, as of this date, by the heirs of the deceased." It was also written that without derogating from Gartner's arguments and the appeal that was filed, "... In order to continue the arbitration proceeding... The Honorable Arbitrator is requested to issue an order - in accordance with Regulation 38 of the Civil Procedure Regulations, 5744 - 1984 and Section 4 of the Arbitration Law, 5728 - 1968 - according to which at this stage (and subject to an appeal filed by the Gertner brothers) the heirs will be the parties in place of the deceased and the executors of his estate."
- In the response of the heirs of the late Dr. Weinroth, dated December 10, 2019, they announced that "in order to enable the continuation of the conduct of the arbitration in this case (and for this purpose only), the heirs of the late Dr. Weinroth will continue to conduct the aforementioned proceeding in the place of the late Dr. It should be clarified that Dr. Weinroth's heirs do not follow in the shoes of the late Dr. Weinroth for any purpose that deviates from the conduct of the arbitration in this case." In light of the wording adopted, on December 22, 2019, Gertner responded to the arbitrator and stated that the Weinroth's heirs' response was "formulated in an evasive and sophisticated manner." They referred to the provision of section 38 of the Civil Procedure Regulations, 5744-1984 (the "Old Regulations"), according to which "a litigant dies... The court may ... To instruct... Because... The heirs... will be for the litigants." They also referred to section 4 of the Arbitration Law, according to which "the arbitrator's authority... The same is true of the alternatives of the parties to the agreement." Therefore, it was requested to explicitly instruct that subject to the appeal that was filed, the heirs of Weinroth would be the parties in place of the deceased, without qualification according to which they would only continue to "manage" the proceeding and would not step into the shoes of the deceased for all intents and purposes that deviated from the "management" of the arbitration.
- In a decision dated December 22, 2019, the arbitrator held:
"A decision.