Section 24 (10) - If there is a reason on the basis of which a court annuls a final judgment on which there is no longer an appeal.
- Section 26(A) Law The Arbitration states that:
"The court may reject a request for cancellation despite the existence of one of the grounds stated in section 24 if it is of the opinion that no miscarriage of justice has been caused."
- After reviewing the ruling The Arbitration (The Arbitrator שמעוני), Not MatzWe that the conditions for annulling an arbitral award have been met. Not only that., LambA ruling does not contradict public policy and there is no ground for revocation6 As a ruling Final Judgment, Rather, no distortion of law was caused.
The arbitrator's award is reasoned, proper and correct from a factual and legal point of view.
We cannot fail to mention that the Applicant did not even claim the existence of such a cause of action, which is in the Arbitration Law , and in any event, did not present any evidence for such claims of annulment.
Inhibition and lack of authority
- In our opinion, Importance should be attributed to the stage at which the claim of lack of authority is first raised. When there is a conflict between "Prevention" And according to the "Lack of authority" - Growing Claim Prevention, With a desire to give excessive validity to arbitration. Although we are dealing with wage withholding compensation, An issue that cannot be submitted to arbitration as it is one of the employee's protective rights, When the issue of withholding wages is only secondary to the main question that deals withA Eligibility for funds, In the absence of a miscarriage of justice - The arbitrator's award must be confirmedand Even if there was an exceedance of authority. In addition, the lack of good faith must be examined.IV The Applicant, The Claimant The arbitrator's lack of authority שמעוני, After that he is the who submitted The Prosecution To the arbitrator Kraus, Had a discussion Before him, Anonymous At no point did he claim the arbitrator's lack of authority And only After that the appeal was rejected His claim andDetermined Because in accordance with the agreement between the parties, The applicant is not entitled to wages He sued - "Remembered" to claim lack of authority in the "arbitral award".
[See in this regard , Prof. Smadar Ottolenghi, Arbitration - Law and Procedure, Vol. 2, p. 1161, Special Fourth Edition, 2005; National Labor Court Hearing 51:3-149 Top Torres Hotels in Tax Appeal v. Abu Hanna, PDA 23 296].