Admittedly, according to Lifshitz, the "property in Plot 2" has passed and other assets held by Tai until the date of the engagement with the Applicants in 2014, which were sold, it currently holds only shares in subsidiaries, in a manner that indicates a significant change in Tai's business activity, which is expressed in the removal of the real estate assets it owned and their conversion into shares of subsidiaries whose value has not been proven.
Given all of this, it can be said with the necessary caution that the installation of a veil that will separate Lifshitz and Tai, from the perspective of the arbitration litigation, is artificial, and that Lifshitz falls within the definition of someone who is "closely connected to one of the parties who signed the arbitration agreement, but the principle of separate legal personality separates them", so that his inclusion in the arbitration proceeding is indeed required "in order to prevent the abuse of the principle of separate legal personality".
- As for the Cuban company.
Not much is known about her. Cuba is defined in the reply as "a real estate investment company... She has a different and limited field of business of buying and selling assets...". There is no dispute that Lifshitz is also fully and solely owned, but there is no contradiction in his claim that she manages a separate bank account, even a separate bookkeeping. There is no support for the claim that Cuba is Lifshitz, or that Cuba is a cellulose, and in any event, it is certainly not a substitute for a celli. The fact that the land, the cause of the rupture, was purchased in her name, is not enough to lead to the disregard of her separate legal personality. In any event, the claim is financial, and the applicants are not petitioning for rights to the land.
- The Result.
I order that Gal Lifshitz be added to the arbitration that is being conducted between the Applicants and the Investment and Trade Chambers in a Tax Appeal before the Honorable Arbitrator (Ret.) Yaakov Sheinman.