Beyond the aforesaid, it should be noted that even if it is determined that the applicant and defendant 4 are functionaries for the purpose of the application of the law, there is still no reason to transfer the hearing to the arbitration institution. As already stated above, the law and the bylaws do not apply to all the parties in the present lawsuit, and therefore the transfer of the hearing in the case of some of the defendants will lead to the splitting of the litigation, delay the investigation of the claim quickly and efficiently, and bring about an inappropriate result, in light of the aspiration to consolidate all the claims arising from a single tort into a single procedural proceeding and to prevent multiple litigation around the same cause.
Conclusion
In light of all of the above, the application should be rejected.
The Applicantshall bear the expenses of the application in the sum of ILS 3,000, which shall be paid within 30 days from the date of receipt of the copy of the decision, otherwise the sum shall be the sum of linkage differences and interest in accordance with the law from today until the day of the actual full payment.
The Secretariat will provide a copy of the decision to the parties.
Granted today, January 30, 2015, in the absence of the parties.
Shaden Nashef Abu Ahmad