Supreme Court Allows Arbitrator to Continue in Dan Gertler Dispute

Israel's Supreme Court ruled Tuesday that retired Judge Eitan Orenstein will continue to serve as the arbitrator in the major dispute between billionaire Dan Gertler and the Gertner brothers, Moshe and Mendi. The ruling dismisses Gertler's request to have Orenstein removed from his role.

The protracted legal battle, spanning 16 years, concerns approximately $600 million transferred by the Gertner brothers to Gertler as part of a business partnership in African copper mines. The brothers sued for damages, and in April 2024, an arbitration ruling was issued that largely rejected their claim but ordered Gertler to pay them $85 million plus interest accrued since 2006, an amount estimated to have grown to around $300 million.

Gertler had sought Orenstein's disqualification, arguing that the arbitrator's extensive arbitration award, spanning 1200 pages, contained definitive statements that suggested his mind was already made up on remaining issues. He claimed this raised concerns about Orenstein's impartiality for the unresolved aspects of the case.

However, Judge David Mintz, who issued Tuesday's ruling, found that Gertler had not proven a substantial concern that Orenstein could not address the remaining issues with an open mind. Mintz stated that Orenstein, due to his deep familiarity with the complex proceedings, is the most suitable person to complete the arbitration.

The court affirmed that an arbitrator having expressed a position or made a ruling in a case does not, in itself, constitute grounds for disqualification. The arbitration process is expected to continue before Orenstein, and the dispute is not yet concluded.