Retired Judge Eitan Orenstein Resigns as Arbitrator in Gertler Dispute
Retired judge Eitan Orenstein has resigned as arbitrator in the multi-billion-dollar dispute between Dan Gertler and the Gertner brothers, citing a hostile environment as a police corruption investigation involving him concludes.
Retired judge Eitan Orenstein, former president of the Tel Aviv District Court, has resigned as arbitrator in a multi-billion-dollar arbitration case between billionaire Dan Gertler and brothers Moshe and Mendy Gertner. Orenstein announced his decision to step down, granting Gertler's request after a prolonged legal battle.
In his ruling, Orenstein stated that he could no longer resolve the remaining issues with the required openness and objectivity, citing a hostile atmosphere and continuous pressure. However, he sharply criticized Gertler, accusing him of systematically attempting to obstruct the arbitration for over two years and raising baseless accusations against him.
Orenstein's resignation coincided with the Israel Police announcing the conclusion of a corruption investigation involving the former judge and former Israel Bar Association head Efi Nave. Police recommended filing indictments, suspecting a corrupt arrangement where Nave allegedly advanced Orenstein's judicial appointment in exchange for the removal of Judge Dalia Ganot.
This marks the second time an arbitrator has withdrawn from the complex 15-year dispute, which centers on mining and diamond concessions in the Democratic Republic of Congo. The previous arbitrator, Uri Goren, resigned in late 2020 after discovering he was being tracked by a private investigator. Orenstein took over in 2021, issuing a 200-page partial arbitration award in April 2024 ordering Gertler to pay the Gertner brothers $85 million, while dismissing counterclaims.
