16 years and two arbitrators who resigned: The billionaires' dispute far from the finish line

Retired judge Eitan Orenstein unexpectedly resigned from the billionaires' arbitration between Dan Gertler and brothers Moshe and Mendi Gartner, after 16 years of litigation and two arbitrators. The 2024 arbitration ruling determined that Gertler must pay $85 million plus interest that has accumulated to approximately $300 million, but several issues remain open. Now, options for appointing an alternative arbitrator or a legal ruling are on the table.

The billionaires' dispute between Dan Gertler and brothers Moshe and Mendi Gartner, which has lasted about 16 years, has not yet reached its conclusion after retired judge Eitan Orenstein unexpectedly resigned from his role as arbitrator. Orenstein, who was appointed after the resignation of the first arbitrator Uri Goren in 2020, issued an arbitration ruling in April 2024 determining that Gertler must pay the brothers $85 million plus interest since 2006, a sum that has accumulated to approximately $300 million. Now, several issues remain open, including the manner of dividing the liability among Gertler's companies. Orenstein accepted Gertler's disqualification request and wrote that he cannot rule with openness and objectivity. His resignation came on the day the police announced the conclusion of the investigation into him and Efi Naveh on suspicion of a 'bribery relationship.' Orenstein did not link the two. The article reviews the legal options for continuation: appointing an alternative arbitrator, a court ruling, or leaving the issues unresolved.