Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeOne may receive in Israel temporary orders until a decision is made in an ICC arbitration that was opened
International Transactions and Dispute Resolution
Dispute Resolution
An Israeli distributor of solar panels of a Chinese manufacturer had a dispute with the manufacturer and initiated arbitration proceedings at the International Chamber of Commerce (“ICC”) in accordance with the arbitration clause in the distribution agreement and even requested temporary relief within the arbitration. At the same time, it moved to receive in Israel […]
The cheap may be more expensive, also in tenders
Maritime, Aviation and Transportation Law
Public Law, Environment and Tenders
We all know that the cheap may turn out to be expensive. Does this rule also apply to tenders? Can a public authority afford not to choose the cheapest offer and in what cases can a bidder be denied a win just because it submitted a financial offer that is simply “too good”? A tender […]
Copying of pictures and recipes on a website may be breach of copyright
Copyright, Trademarks Media and Artists
High-Tech and Technology
Dispute Resolution
The owner of a recipe website contended that photos she took and recipes uploaded to her website were copied by another blogger, including the Google promotion data, so that every search in the Google search engine led to a link to the internal pages of the blogger’s website. The Court partially accepted the motion, but […]
An assignment or trade of an agreement which includes rights and obligations together requires the consent of the counterparty
Real Estate
Commercial, Banking and Financial
Dispute Resolution
A holder of an option to purchase certain real estate property, assigned the option, against zero consideration, to another entity, which undertook all obligations towards the sellers of the real estate. The sellers demand the cancellation of the option agreement because the option was assigned without their consent. The Court held that the assignment of […]
One cannot set in a prenuptial agreement instructions as to one’s asset after one’s demise
Wills and Estates
Notarial Prenups
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
Spouses requested to approve a financial agreement that stipulates, inter alia, provisions that refer to the circumstances in which one of the parties passes away and a determination that the rights to the assets will pass to the one who remains alive and not to the children of the deceased spouse. The Court rejected the […]
A European local authority is subject to the proportionality principle when demanding data and documents for licensing
European Law and Regulations
Public Law, Environment and Tenders
In the process of licensing of the trucks manufacturers association in Spain as a representative of the manufacturers the city of Barcelona demanded an immense amount of data and documents and specificity of commercial data. The Court of Justice of the EU ruled that there is a need to limit the amount of documentation submitted […]
In the case of money laundering offenses, private funds of a corporate employee can be seized for offenses in which the employee and the corporation are accused
Business, Corporate and Joint Ventures
Criminal Law
Taxation and Government Incentives and Funding
An indictment was filed against a company that is a car importer and the company’s CEO, but also against the company’s CFO שד she managed the financial aspects of the company’s import activities, was involved in the false entries in the company’s documents and gave instructions regarding ordering fake sales invoices, ordering false certificates of […]
