And there are still clear connections of the conflict to Israel. The defendant's products were purchased and supplied in Israel. The defendant has managers who operate here, who will most likely be part of the witnesses. The plaintiff is an Israeli distributor, and she also raises claims regarding a violation of competition laws in Israel, as well as tort claims that are also relevant to Israeli law and the Israeli forum.
In addition to the many ties that lead to Israel, there should also be an expectation on the part of a foreign manufacturer that distributes its products around the world to negotiate about them in the places where they are marketed and sold.
- All of this leads to the conclusion that it cannot be said that there is a clear preference for the foreign forum to address the dispute at hand, or that the English forum is clearly natural for this purpose.
- I therefore reject the defendant's argument that the Israeli forum is not appropriate to discuss the claim.
Additional Arguments
- Even in the defendant's other arguments, I did not find justification for dismissing the claim out of hand.
Thus, the defendant argues that the claim lacks cause, since the law of the contract is English law and the plaintiff did not attach an opinion that substantiates the foreign law, and therefore did not prove that there is a basis for her claim.
This argument will not be able to justify dismissing the claim in limine.
First, some of the causes of action relate to Israeli law, including the claim that the defendant violated the Competition Law.
And second, the dismissal of the claim in limine must be carried out in order to "prevent futile hearings and to expend resources on the investigation of a claim that can be determined with full confidence, already at an early stage of the proceeding, that it will not be able to provide the plaintiff with the relief he requested. If the defect in the statement of claim can be corrected and the plaintiff wishes to correct it, the court will grant it and will not delete the statement of claim" (Issachar Rosen Zvi The Reform of Civil Procedure: Guide of the Perplexed 296 (Third Digital Edition 1.2025)).