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A non-profit joint venture between ICC Palestine and ICC Israel in order to establish a specialized dispute resolution institution JAC 3

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Page 1: 1. Jerusalem Arbitration Center 2 A non-profit joint venture between ICC Palestine and ICC Israel in order to establish a specialized dispute resolution

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Page 2: 1. Jerusalem Arbitration Center 2 A non-profit joint venture between ICC Palestine and ICC Israel in order to establish a specialized dispute resolution

Jerusalem Arbitration Center

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Page 3: 1. Jerusalem Arbitration Center 2 A non-profit joint venture between ICC Palestine and ICC Israel in order to establish a specialized dispute resolution

A non-profit joint venture between ICC Palestine and ICC Israelin order to establish a specialized dispute resolution institution

JAC

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Page 4: 1. Jerusalem Arbitration Center 2 A non-profit joint venture between ICC Palestine and ICC Israel in order to establish a specialized dispute resolution

JACIn Association

withInternational Court of

Arbitration ParisICA

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Page 5: 1. Jerusalem Arbitration Center 2 A non-profit joint venture between ICC Palestine and ICC Israel in order to establish a specialized dispute resolution

Before JAC

• Israelis cannot sue Palestinians in the Palestinian territories• Enforcement of judgements in Israel, against Palestinians, is not efficient• Lack of trust in the Israeli legal system

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Page 6: 1. Jerusalem Arbitration Center 2 A non-profit joint venture between ICC Palestine and ICC Israel in order to establish a specialized dispute resolution

• Will provide a forum for the independent, impartial, professional, a-political and enforceable resolution of business disputes

• Business disputes related to Israel, the West Bank and the Gaza Strip, including East Jerusalem

• In accordance with the rules of arbitration of JAC

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JAC

Page 7: 1. Jerusalem Arbitration Center 2 A non-profit joint venture between ICC Palestine and ICC Israel in order to establish a specialized dispute resolution

Structure

Board

JAC’s highest authority regarding all JAC matters, except those related to JAC’s arbitration proceedings

One Palestinianrepresentative

One Israelirepresentative

One Intl. ICCrepresentative

Intl. Chairmanappointee

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Intl. Chairman(ICC President, Turkey) Palestinian co-Chairman

(ICC President, Palestine)Israeli co-Chairman(ICC President, Israel)

7 members

Role

Page 8: 1. Jerusalem Arbitration Center 2 A non-profit joint venture between ICC Palestine and ICC Israel in order to establish a specialized dispute resolution

Structure

Secretariat

Responsible to administer arbitral proceedings before the arbitral tribunal

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Role

3 members

Intl. Secretary General One ICC Israel rep.One ICC Palestine rep.

The JAC shall have two representative offices, one in Tel Aviv and one in Ramallah which shall serve as alternative addresses for the submission of documents to the secretariat in accordance with the rules (1(6))

Page 9: 1. Jerusalem Arbitration Center 2 A non-profit joint venture between ICC Palestine and ICC Israel in order to establish a specialized dispute resolution

Structure

General Manager

Responsible to assist with the administration of the JAC affairs

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Role

Until the board decides to appoint a general manager the functions and duties of general manager will be fulfilled jointly by the general managers of ICC Palestine & ICC Israel

Page 10: 1. Jerusalem Arbitration Center 2 A non-profit joint venture between ICC Palestine and ICC Israel in order to establish a specialized dispute resolution

Hearing place

• JAC Hearing Center will be located in East Jerusalem. The place of the hearing shall be the JAC Hearing Center, unless otherwise agreed by the parties (15(2))

• East Jerusalem was chosen by both parties because of its special status for each of the parties.

• The arbitral tribunal may decide, in exceptional circumstances and after consultation with the parties,to conduct some or all of the hearings via video conferencing (15(3))

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Page 11: 1. Jerusalem Arbitration Center 2 A non-profit joint venture between ICC Palestine and ICC Israel in order to establish a specialized dispute resolution

Special arrangements with ICA

• Transfer of disputes to ICA in case one of the Jurisdiction Conditions is not met (6(3)(iii))

• ICC hearings shall take place at the JAC Hearing Center in East Jerusalem, (6(3)(vii)), in accordance with the ICC International rules of arbitration

• Refer the appointment of one or more arbitrators to the ICA, which shall be in accordance with the rules of ICC as appointing authority (9(8))

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Page 12: 1. Jerusalem Arbitration Center 2 A non-profit joint venture between ICC Palestine and ICC Israel in order to establish a specialized dispute resolution

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