Case Number

CA(L) 9041/05

Date Decided

1-30-2006

Decision Type

Appellate

Document Type

Full Opinion

Abstract

The District Court annulled an arbitration award. A party wishes to appeal that decision in this Court. Section 38 of the Arbitration Law, 5728-1968 (hereinafter: the arbitration law) determines that a decision made pursuant to that law can be appealed by permission. The party argues before the Registrar of the Court that the appeal should be heard, despite that, as an appeal as of right, since section 17 of Basic Law: Judicature (hereinafter: the basic law) determines that "a judgment of a court of the first instance can be appealed as of right, excepting a judgment of the Supreme Court", and in any case – so it is argued – section 38 of the arbitration law is unconstitutional. In light of these provisions, should it be determined that a party, wishing to appeal a decision pursuant to the arbitration law that was given by the District Court, has the right to appeal to this Court pursuant to the basic law, whereas that is a right that trumps section 38 of the arbitration law, and even leads to its unconstitutionality?

Keywords

Arbitration, Constitutional Law

Download

Share

COinS