48th session of the ME 2.0 Palestinian-Israeli Business Leaders Forum - Disputes in Palestinian-Israeli Business Cooperation and How to Solve Them?
The opening session of the forum in the New Year examined business disputes that may arise in Palestinian-Israeli business cooperation and how they can be solved.
For this means the forum invited yesterday, 25th of January, 2017, Mazen Qupty, Adv. Qupty Law Firm, former legal adviser of the ICC Palestine and co-founder of the Jerusalem Arbitration Center (JAC), which is serving the Israeli and Palestinian business community in their cross border ventures and especially when the parties end up in a dispute.
Mr. Qupty reported on the long process from after Oslo, when the separation between Israelis and Palestinian took shape and two separated legal and banking systems developed until the decision was made to create a body which would mediate and help solving disputes for those Israelis and Palestinians engaged in cross boarder business cooperation. A mixed Israeli and Palestinian team from ICC Israel and ICC Palestine devoted some years to come up with the right concept for such an arbitration center. They managed to get the IAC-International Arbitration Court engaged as an umbrella organization assisting and guiding them through the process of setting the rules and legal framework, defining the clients, the businesses and the geographical area it applies for, which in the Palestinian Israeli context is highly controversial due to the many political implications. The JAC meanwhile exists of a board, an internal court with Palestinian, Israeli and international lawyers, a secretary and General Directors. The arbitration verdicts are accepted by the Palestinian and Israel court jurisdiction. The framework established, secures businesses and provides confidence for investors and offers an equal and objective treatment of the dispute cases. All these are important achievements since beforehand in the context of business disputes Palestinians were subjected only to the Israeli law while Israelis on the other hand had no way really to get their court decisions enforced in the West Bank.
Qupty stressed that their task was difficult but they learnt that where there is a will and a genuine joint interest and conviction of the expected mutual benefit there is also a way. Their bilateral negotiations leading to the joint venture of the center can be taken as an example for how Israelis and Palestinians can indeed achieve joint goals. However, currently the center is still looking for better ways to reach out to the potential clients and additional financial support for their endeavor.