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Setting aside an award

An award can be challenged, but only on narrow ground.

Setting aside an arbitral award, or resisting its confirmation, on the defined grounds in the Arbitration Law, not by re-running the dispute.

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An arbitral award is meant to be final, and the law protects that finality: an award is not appealed, it is challenged, and only on a closed list of grounds. The firm acts for the party seeking to set an award aside and for the party defending it, and in both directions the work is the same - the case lives or dies on whether one of those narrow grounds is genuinely made out.

The work spans
  • Applications to set aside an award under the grounds in section 24 of the Arbitration Law.
  • Resisting confirmation of an award on the same defined grounds.
  • Defending an award against a set-aside application for the party that won the arbitration.
  • Grounds such as the absence of a valid arbitration agreement, excess of the arbitrator's authority, denial of a fair opportunity to present a case, and conflict with public policy.
  • Advising, candidly, when no real ground exists and a challenge would fail.
  • You lost an arbitration and believe the arbitrator exceeded their authority or denied you a hearing.
  • You are being asked to confirm an award you say rests on an invalid arbitration agreement.
  • You won the arbitration and the other side is trying to set the award aside.
  • You need a candid read on whether a challenge to an award has any real prospect.

The firm matches the award and the record against the closed list of grounds, because a set-aside is won only inside those grounds and nowhere else. It is honest about which challenges are real, since a hopeless application wastes the client's time and hardens the award. Where it defends an award, it shows the process was clean and the grounds are not made out.

04 · What you get

The award measured against the grounds

The challenge is built only on the defined statutory grounds.

A candid prospects read

A hopeless challenge is named as such before it is filed.

Defence of a win

Where you prevailed, the award is defended as clean and the grounds resisted.

A party that lost an arbitration believes the arbitrator decided a question outside the submission. The firm tests the award against the excess-of-authority ground, advises on the realistic prospect, and either brings a focused set-aside application or, where the ground is not made out, says so.

Described in abbreviated, anonymised form to preserve client confidentiality.

On what grounds can an arbitration award be set aside in Israel?

Only the defined grounds in the Arbitration Law, such as the absence of a valid arbitration agreement, the arbitrator exceeding their authority, a denial of the opportunity to argue, or conflict with public policy; dissatisfaction with the result is not a ground.

How long do I have to challenge an award?

The time to apply to set aside an award is short and defined, so an award that the client may want to challenge should be assessed immediately on receipt.

Can I resist confirmation of an award instead of setting it aside?

Yes; the same narrow grounds can be raised in opposition to confirmation, which is often the posture for the party defending against enforcement.

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