The Thing is, Nobody Knew

The Knesset political reporter, Ya’akov Eichler is critical of the number of committees some Members of Knesset belong to. Some belong to as many as 8 committees which overlap, resulting in the Knesset Committee Members not having a clue what they are voting on. Take the Constitution and Law Committee vote on an amendment to the Arbitration Law; an amendment supposedly meant to make arbitration more popular. Of the five committee meetings, the attendance of Knesset Members was as follows: Three, three, two, three and five. Impressive wot! It is not surprising that this Amendment turned out to be an exercise in futility

Talk about an unfair arbitration system.  A sole arbitrator with absolute power. And the thing is, nobody knew. Lawyers did not know, The Press did not know The Public certainly did not know. 

Arbitration has been  hidden from public view. It is one of the finest examples of lack of transparency known. It encourages corruption. It is one of the wonders of the Justice System.

As there is  no arb itration case law to speak of, and the arbitration rulings are not in the public domain, how much is there to be taught?  The Israeli Bar Association sets the law exams here. The candidate has to get at least 60% in each section or an overall of 65%  grading to pass  the essay, multiple choice and oral exams, which cover a couple of hundred laws, the arbitration law being  just one of them.

Why did  Knesset Legaal Advisor, Tami Sela have to explain to the members of the Knesset Arbitration Law Committee that the 1968 Arbitration Law allowed for an appeal clause provided that it was written into the contract…. that their special amendment was superfluous?  Because the Knesset Law Committee did not know.

Why did lawyers include arbitration in agreements, without warning their clients of the danger?  Because they did not know.And why didn’t more lawyeres at least include the appeal clause provision Tami Sela mentioned?  Because they didn’t know. Why did lawyers allow their clients to fork out good money uselessly for their case to be heard in court, when the court could not hear it?  Because they did not know.

So why did  the Knesset Arbitration Law Committee despite all this, add the amendment to the law?  Because at their first meeting they were directed that law was not about justice but was procedural and the Amendment’s task was to prevent access to court. Which it did.

And because it is so misrepresented, such an illusory remedy, arbitration is at best included through ignorance – and  for those who do know – to claim that choice is involved is deceitful and dishonest.