The Applicants further claim that in the end, "...They understood, on the advice of their counsel, that the process of dissolving a partnership could take many years... In January 2022, about 84 percent (including the applicants) of the rights holders in the western compound managed to sell their rights at a price tens of times higher than what was offered to them by Lifshitz, but unfortunately, still significantly lower than what would have been possible if all the rights (100 percent) in the western compound had been sold."
In view of this conduct of Lifshitz and the companies under his control, they suffered damage estimated at ILS 27,000,000.
- The Applicants claim that They should be allowed to conduct a single arbitration proceeding, which includes both the lawsuit against Thai, who signed an arbitration agreement, and the lawsuit against Lifshitz and Cuba, when, according to them, the combination of these two satisfies each of the three "Expansion Circles" as defined in the judgment of the Supreme Court in the Civil Appeal Authority 3925/12 Chen Ronen N. Adv. Yuval Cohen [Nevo]: As someone who is from "The contractual relationship between the parties indicates that he agreed to be part of the arbitration process" - The first circle; As they are"Alternatives" of cells - the second circle, or as those who ask "on formalistic claims of their lack of signatures on the arbitration agreement"Evading His Consent - The Third Circle. (hereinafter - Ronen v. Cohen).
The Applicants emphasize Lifshitz's full ownership of both Tai and Kobe, his being the issuer and importer of Tai, as well as the proven fact that Tai was the one who originally signed the transaction for the purchase of Tasawir's rights, its cancellation, and the transfer of the purchase to Cuba.
- All of the respondents deny the claim that he was wronged by the applicants. It was claimed that Applicant 29 herself negotiated with Tasvir for the purchase of his rights, and that the purchase of the land by Cuba was made "A long time after the negotiations between Chen [Applicant 29's owner] Letsawir finished", nor was there any attempt to conceal it. The respondents claim that there is no evidence to prove wrongful conduct and that Thai and Cuba are veteran companies that operate separately in the field of real estate development and project promotion, and maintain separate bookkeeping, including separate and independent bank accounts.
According to them, there is no basis for demanding that they be forced to join the arbitration proceeding against their will, since the arbitration clause applies only to the partners in the [sharing] agreement and the group manager [TAI], and only to disputes between the partners and between them and the group manager." According to them, the condition required to enter the first circle of expansion, which is based on the consent of the parties, is not met, since none of their actions can be seen as expressing consent to expand the application of this provision, or in Lifshitz as having carried out actions by virtue of the said agreement beyond the fulfillment of his duties for Tai.