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June 12, 2022
A commission agreement with an employee that stipulates that it is not part of the employee-employer relationship will be honored even if the employee resigns
Commercial, Banking and Financial
Labor Law and Immigration
Dispute Resolution
The employment agreement of the manager of the credit department with a body that provides credit had attached to it a commissions appendix that established a compensation mechanism in percentages that is directly related to the bringing of borrowers and investors by him. Later, a commission agreement was also signed with a company wholly owned […]
May 31, 2022
Investing in a failed venture does not qualify for termination and reimbursement if the failure is due to a business risk that materialized
Commercial, Banking and Financial
Dispute Resolution
Two entities executed a contract for a joint project, with one bearing financial obligations and the other being in charge of promoting the project. Eventually, the project failed, both due to regulatory reasons and due to the fact that it was not properly promoted. The financing party sought to terminate the contract and receive reimbursement […]
May 31, 2022
Not every unprofitable bid in a tender justifies its disqualification
Public Law, Environment and Tenders
Dispute Resolution
A bidder in a tender for the provision of debt collection services to a local authority sought to disqualify the winning bid, inter alia, due the fact that the bid was relatively low priced compare to the tender estimation and due to the concern that it is a deficit and tactical proposal. The Court dismissed […]
May 24, 2022
The obligation to publish prices to the consumers applies also on mother company that may be subject to a financial sanction if a subsidiary did not publish
Business, Corporate and Joint Ventures
Commercial, Banking and Financial
Dispute Resolution
The Commissioner for Consumer Protection and Fair Trade imposed a financial sanction on ‘Rami Levy Hashikma Marketing’ food chain because the ‘Cofix’ chain, controlled by ‘Rami Levy’, did not publish to the public the prices of goods sold in its stores. The Court held that the sanction was duly imposed. Israeli law requires a retailer […]
May 23, 2022
An employer is obliged to put in writing the allegations against an employee and present them to him before conducting a hearing prior to termination of employment
Labor Law and Immigration
Dispute Resolution
During an NGO board meeting, the CEO was requested to leave the meeting and, in his absence, discussions began regarding termination of his employment due to suspicions of irregularities. At the end of the meeting, it was decided to dismiss him immediately. The Labor Court held that the CEO is entitled to compensation for failure […]
May 18, 2022
A company shareholder who did not take the company’s assets after its collapse will not be liable for the company city tax debt
Business, Corporate and Joint Ventures
Taxation and Government Incentives and Funding
Public Law, Environment and Tenders
Two companies that operated gyms in Jerusalem ran into financial difficulties and ceased operations. The companies left behind city tax debts (Arnona) in the cumulative amount of about two million shekels and the Jerusalem municipality demanded that the shareholders and company officers pay the debt in person. The Court dismissed the claim and held that […]
May 3, 2022
When two parties to a contract act in bad faith they may bear joint responsibility for damage due to its breach
Real Estate
Commercial, Banking and Financial
Dispute Resolution
Two parties signed a settlement agreement regarding the sale of an apartment in dispute, but each acted to undermine the sale so that finally the apartment was sold at a price lower than the appraisal price. The Court held that the two parties are jointly liable for the damage, as the two had acted in […]
May 2, 2022
An economic term in a commercial contract will be interpreted in accordance with the accepted and well-known meaning in the business world
Commercial, Banking and Financial
Dispute Resolution
Holder of a put-option to sale its holdings of the Osem company shares demanded an additional ILS 39 million, about 4 years after exercising its option, according to a clause in the option agreement that granted the option holder to choose between three alternatives formulae to calculate the share price, whichever is higher. The Court […]
May 2, 2022
Approval of terms of agreement by clickwrap is deemed a written agreement, including as to an international arbitration obligation
High-Tech and Technology
International Transactions and Dispute Resolution
Dispute Resolution
AB-Inbev, which produces various beer brands (Corona, Beck, Stella, Leff, Budweiser and more), canceled after 30 years a distribution agreement with an Israeli distributor and contended that all legal proceedings between it and the distributor are required to take place in arbitration in Switzerland because in each purchase order is done online and distributors are […]
April 25, 2022
A maritime vessel half of which is in Israeli ownership must be registered in Israel
Maritime, Aviation and Transportation Law
Dispute Resolution
An Israeli citizen applied for a permit to sail in Israel on a yacht owned by him and registered in the United States of America but was refused because the yacht is not registered in Israel. The Court rejected the motion and held that the vessel should not be allowed to sail in Israel. The […]
April 24, 2022
In the absence of an agreement on the terms of the partnership one cannot in retrospect set that a partnership existed
Business, Corporate and Joint Ventures
Dispute Resolution
The owner of an investigation office and a security company cooperated in a project for a third party but after the initial pilot period only the security company owner continued the project. The Court held that there was no partnership between the parties but a mere cooperation within a business relationship and therefore the owner […]
April 22, 2022
A person’s violent behavior may deny eligibility to open a bank account
Commercial, Banking and Financial
International Transactions and Dispute Resolution
Real Estate
A man contacted another in an oral agreement to purchase apartments for investment in the United States, but later discovered that such apartments are not inhabitable. The Court ordered that the purchaser be compensated but reduced the compensation due to his contributory fault. Under Israeli law a contract can be oral, unless there is a […]
April 20, 2022
A review on Facebook which intends to harm a business constitutes defamation
Commercial, Banking and Financial
Dispute Resolution
A couple who purchased, together with their daughter, a plot of land marketed by a realtor published on the realtor’s Facebook page a number of posts that included, among other things, allegations and defamatory statements of “fraud” by the realtor and its broker and warned the public to refrain from any business contact with them. […]
April 20, 2022
A dispute concerning a corporation with international activity may be managed in Israel given an affiliation to Israel
International Transactions and Dispute Resolution
High-Tech and Technology
Dispute Resolution
The Siri software device of Apple, incorporated in the US, recorded and collected data even when the user did not request to operate the device, in a manner that violated the user’s privacy, and Apple published a formal apology regarding the incident. The Court held that Israel is the forum of convenience for hearing the […]
April 17, 2022
A decision made in breach of a veto right set in the articles of association will be considered a decision unduly taken
Business, Corporate and Joint Ventures
Dispute Resolution
Company shareholders decided that part of the investment in the company will be converted into shares, without taking into account the founder’s veto right, even though the company’s articles of association stipulated that the company’s founder has such right regarding such a transaction. The Court held that the decision was unduly taken. The law stipulates […]
April 15, 2022
The Tenders Committee may allow the bidder to complete missing documents after submitting its bid
Public Law, Environment and Tenders
Dispute Resolution
A tenders committee selected a bidder, who forgot to attach 11 appendices to its bid, as the winner of the tender and allowed it to complete the missing appendices. The Court held that the decision of the tenders committee was reasonable because these were technical defects that did not violate the principle of equality. Israeli […]
April 12, 2022
A dispute concerning an investment through a non-Israel bank may be refused to be held in Israel
International Transactions and Dispute Resolution
Commercial, Banking and Financial
Dispute Resolution
A person traded in shares on an American Stock Exchange through companies which managed their accounts at the British Barclays Bank, and deposited funds in the account, but these were not held separately from the companies’ funds. Eventually, the company ceased operations and filed for liquidation. The Court stroked-out the case against Barclays and held […]
April 10, 2022
Absent special circumstances a company manager will not be personally liable to third parties for actions of the company
Business, Corporate and Joint Ventures
Dispute Resolution
A company did not sign a lease extension in a manner that caused the lessor to lose an opportunity to enter into a lease with a third party. The company was held liable to compensate the lessor for breach of contract, but the lessor sought to also personally obligate the manager who conducted the negotiation. […]
April 7, 2022
A contractor who has performed work for a local authority without a duly signed work order will receive compensation
Public Law, Environment and Tenders
Dispute Resolution
A local authority ordered mapping and measurement services from a contractor by email, but after completing the work refused to pay because no work order was duly signed by the municipality’s authorized signatories. The Court held that the local authority should be required to pay partial compensation to the contractor, who performed work at its […]
April 6, 2022
Without showing a connection between the corona epidemic and the delay in delivering the apartments – the contractor is liable for compensation for the delay
Purchasers of apartments in a TAMA 38 project demanded compensation from the contractor after the delivery of the apartments was delayed for several years, while the contractor contended that the delay, at least in part, was due to the Covid19 epidemic and therefore beyond his control. The Court held that the purchasers are entitled to […]
April 5, 2022
Assignment of obligations requires the explicit consent of both assignee and creditor
Commercial, Banking and Financial
Dispute Resolution
A company that sold store franchises granted a franchisee exclusivity in a particular city. After the company assigned its rights to a new company, a third party was given the right to operate a store in that city and the franchisee demanded compensation for the breach of exclusivity. The Court held that the company assigned […]
April 4, 2022
A condition precedent may be an event that is not external to the parties to the agreement insofar as this is expressly stated in the agreement
Real Estate
Commercial, Banking and Financial
Dispute Resolution
Owners of apartments in a condominium attempted to reach understandings to carry out a joint project according to TAMA 38 and signed a cooperation contract stating that the project architectural plans will be attached to the agreement at a later date subject to the agreement of the parties. Once the parties failed to agree on […]
April 3, 2022
One who owes funds to a disbanded partnership is not exempted just because the partnership disbanded
Business, Corporate and Joint Ventures
Commercial, Banking and Financial
Dispute Resolution
The lawyers partnership provided services to the project where the majority of the payment was deferred until the stage where the project could finance the service, at an interest rate of 18% per annum. After about a year of providing services, the project changed service provider and after about 6 years, one of the partners […]
April 2, 2022
The “truthful publication” defense against defamation may apply even if not everything stated in the publication is true
Commercial, Banking and Financial
Dispute Resolution
A person who purchased a product posted on Facebook a complaint about service not provided to him by the seller and contended that the seller preferred other customers over him. The Court rejected most of the claim and held that the post was protected under the “truthful publication” defense. Defamation is something that, objectively, its […]
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