Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeIn maritime transportation an arbitration clause limited to General Average/Arbitration does not apply to claims related to belated delivery
Maritime, Aviation and Transportation Law
International Transactions and Dispute Resolution
Dispute Resolution
A company managing a ship and the ship owner contracted in a vessel lease agreement with an Israeli company for the shipment of palm oil from Singapore through the Philippines and Indonesia to Israel. The agreement included a provision setting that any General Average will be decided in arbitration in London, England, under the York/Antwerp […]
The corporate veil does not protect officers from bad faith tortuous acts made by them
Business, Corporate and Joint Ventures
Real Estate
Dispute Resolution
Purchasers of an apartment filed a claim against the contracting company as well as against managers of such company. The Court rejected the motion to dismiss the claim against the manager. Actions of an organ of a company are the actions of the company, which enable attributing to the company actions of an officer. However, […]
Allowing to play music in a public place without permission from the copyright holder is an infringement
Copyright, Trademarks Media and Artists
Commercial, Banking and Financial
Dispute Resolution
The owners of the banquet hall allowed those who used the hall to play music during the events in the hall. The Association of Composers, Authors and Publishers moved the Court to instruct the owners of the hall to desist from infringing the copyright while paying compensation for the copyright infringement. The court held that […]
A lien of real estate that was not duly imposed may constitute defamation
Commercial, Banking and Financial
Real Estate
Privacy, GDPR, Confidentiality and protection of reputation
A municipality imposed a lien on properties and rights due to a city tax debt, but the property owner contended that he did not have possession of the property at the time and therefore the foreclosure was unlawfully imposed and impaired his reputation. The Court rejected the claim because the liens were duly imposed due […]
On how to save money on a partnership agreement and destroy the business
Business, Corporate and Joint Ventures
Dispute Resolution
So, you met with some friends or family members and decided to set up a business together. Due to the existing relationship between the parties, you decided to not formalise the transaction (which sometimes takes time and delays the start of activity) rather just to start activity. Without a proper agreement between the parties, or […]
An officer can not use company resources to obtain personal business opportunities
Business, Corporate and Joint Ventures
Dispute Resolution
A shareholder who is also an officer of a company that provides security services, guarding servicer and secure logistics, purchased a business of managing ATMs. The company’s second shareholder contended that it is a business opportunity of the company, which belongs to the company. The Court rejected an application to approve a derivative claim in […]
A purchaser of a patent within liquidation proceedings of a company receives the patent free and clear of rights of third parties
Business, Corporate and Joint Ventures
Commercial, Banking and Financial
Dispute Resolution
After signing a confidentiality agreement, an inventor presented an idea to a company. The same company registered a patent on the idea and after years went into insolvency and the patent was sold as part of the liquidation proceedings in a sale approved by the liquidation Court. The Court held that the purchaser of the […]
