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June 2, 2021
A debt of a ship for hospitalization of a seafarer may cause the arrest of the ship
Maritime, Aviation and Transportation Law
The Assuta Medical Center sought to order the arrest of a Panama flag bulk carrier after the ship failed to pay medical expenses for the treatment of the ship’s chief engineer. The Maritime Court accepted the motion and held that the ship is to be arrested and will be released only against deposit of the […]
May 27, 2021
Israeli law applies to companies that are traded in Israel and also in an additional stock exchange
Capital Markets and Stock Exchange Regulations
A shareholder of a dual listed public company, which shares are traded on both the Nasdaq and the Israeli Stock Exchange, moved to approve a class-action against the company, contending that the company executives made misleading representations regarding the company’s position in order to increase company stock value. The Court approved the class-action and held […]
May 19, 2021
A tender bidder may not attack the tender terms after submitting its bid
Public Law, Environment and Tenders
A company submitted a bid for a complex and wide-ranging tender concerning, inter alia, the planning and construction of the light rail lines in the Tel Aviv metropolitan area and after about eight months from the date of submission of the bid and when it became clear that it did not win the tender, it […]
May 18, 2021
A non-Israeli who sues in Israel but has no assets in Israel may be ordered to post a security as a pre-condition for managing the proceedings
International Transactions and Dispute Resolution
A non-Israeli sought to revive a company that was liquidated a few years earlier, contending that he had fallen victim to a case of fraud in the field of “binary options” in which the company was involved (although the date of the contended fraud was after the company ceased operation and commenced voluntary liquidation proceedings). […]
May 18, 2021
An arbitration clause in a uniform consumer contract is valid as long as it does not grant the service provider an unfair advantage over the client
Parentage, Surrogacy and Adoption
A customer and a provider of services in the field of surrogacy got into a conflict and the service provider demands that the dispute be referred to arbitration due to the existence of an arbitration clause in the agreement. The Court held that the arbitration clause does not constitute a discriminatory clause in a contract […]
May 16, 2021
An employee can not consent to wage withholding and silence on the matter may not be construed as agreement
Labor Law and Immigration
An employee demanded from an employer to pay compensation for withholding wages after resigning from his position due to the employer’s custom of paying his salary late for the 3 years preceding the resignation. The Labor Court held that the employee is entitled to compensation for withholding wages and that due to the fact that […]
May 6, 2021
Parties to an agreement may limit the right to record a cautionary note
Real Estate
An entrepreneurial company contracted a gallery to sell rights in the property it owns and to establish a joint project in it. Due to dispute that arose between the parties a settlement was formed, under which, inter alia, it was agreed that there is no objection to the recording of a cautionary note in favor […]
May 4, 2021
An amendment of a dule made resolution of the general meeting can only be done in accordance with the articles of associations
Business, Corporate and Joint Ventures
A shareholder in a start-up Company demanded the cancellation of appointment of another director, based on a veto granted to him under the investment agreement, according to which without his consent the company cannot make any change of management structure, although a representative on his behalf voted at the board of directors to amend the […]
May 2, 2021
A local municipality is liable, at least partially, for debts of a corporation that acts as its long arm
Business, Corporate and Joint Ventures
A company that provided landscaping services to a non-profit organization that served as the local municipality’s “sports department” demanded that the municipality covera debt for work performed at the non-profit’s request and relying on oral promises given to it in which the municipality would take care of payments if necessary. The Court accepted the claim […]
April 28, 2021
An arbitration clause does not apply to parties that have not signed it even if they are involved in a dispute that is subject to arbitration
Commercial, Banking and Financial
The Verso glasses brand contracted a company held by Israeli singer Omer Adam, to sell the brand in Israel and later opened negotiations for the joint contracting of the Opticana eyewear franchise. The negotiation ended with motions for temporary ordered in Israel and arbitration in Florida, United State of America, opened by Verso and legal […]
April 27, 2021
A contract which has a clear and unambiguous wording will be construed pursuant to its wording without resorting to the parties’ intention or external circumstances
Commercial, Banking and Financial
A travel company and a tour guide entered into an agreement that stipulated that the guide would pay the company for booking 40 rooms in four installments. The company contended that the tour guide breached the agreement when he did not pay part of the installments, while the tour guide contended that he did not […]
April 26, 2021
The right of freedom of speech is a relative and limited right which does not stand in cases of harassment or defamation
Commercial, Banking and Financial
A married couple sought an injunction to prevent harassment by a man who has declared his love for the wife and set up websites and profiles on the Internet in which he published repeated posts declaring his intentions towards the wife and called for her to leave her husband, including statements claiming the husband was […]
April 25, 2021
A participation in a business’ distribution line does not by itself constitute a partnership relationship between the parties
Labor Law and Immigration
A former employee at a distribution line of a store selling tobacco products contented that the store was opened as an equal partnership between himself and the store owner and demanded compensation for his exclusion from receiving a share of the store’s profits. The Court held that no partnership relations existed between the parties. An […]
April 23, 2021
An option agreement that did not consider a possibility of corporate restructuring will not be nullified due to that
Business, Corporate and Joint Ventures
In a loan agreement the borrower company granted the lender a warrant that may be exercised in the event of an IPO. Prior to the IPO the company did a restructuring and contended that the lender lost its right to execute the warrant, even though its effect on the company share value was negligible. The […]
April 20, 2021
A couple who run a joint household but entered into a prenuptial agreement may be entitled each to separate tax exemptions
Taxation and Government Incentives and Funding
A couple lived in an apartment purchased by the husband prior to the marriage, and which according to the prenuptial agreement between them remained in his sole ownership. The couple later purchased an apartment together, and the woman sought to obtain, regarding her share of the purchase, a tax exemption or at least a discount […]
April 20, 2021
A real estate fund that raises capital from passive investors need publish a prospectus
Real Estate
An Israeli company has been investing in real estate ventures for years through the establishment of limited partnerships (about 250 different ventures) for each venture and by marketing participation units in such partnerships. Several investors demanded the cancellation of the agreements and repayment of the investment funds contending that the units were marketed without a […]
April 20, 2021
Articles of Association can not limit or reduce the ability of shareholders to remove oppression of their rights in the company
Business, Corporate and Joint Ventures
A company ran into financial difficulties due to negligent management and a crisis of confidence between the shareholders which led to the paralysis of the company. While the minority shareholders contended oppression and demanded that the majority shareholders purchase their shares, the majority shareholders contended that there was no oppression and that the minority shareholders […]
April 20, 2021
A foreign resident who seeks to initiate legal proceedings in Israel may be obligated to deposit a guarantee for the conduction of the proceeding
Wills and Estates
A woman sought to probate her cousin’s will, under which she bequeathed her all of her property. The deceased’s nephew, who resides in the United States and possess no property in Israel, filed an objection to the probate. The cousin contended that the nephew should deposit a guarantee to secure proceedings expenses. The Court accepted […]
April 18, 2021
A settlement agreement executed due to a mistake will not be revoked if such revocation does not align with equity considerations
Labor Law and Immigration
An employee of the Ashdod Port and the Port reached a settlement under which it was determined that the Port will pay the employee ILS 20,000 for wage differences in exchange for full and complete waiver of all claims against the Port. About 4 months later, the employee requested to revoke the settlement agreement on […]
April 17, 2021
When there is an obligation of “best efforts” and third party’s approvals are required, the best efforts requires not to delay and to promote the approvals
Real Estate
As part of a compromise agreement, the owner of a shopping center undertook to act with due diligence, to register the shopping center as a condominium with the Land Registry and to record the ownership of the buyer of two of the stores in his name within 5 years. However, this was not finished within […]
April 17, 2021
Preventing the ability to assign a right of claim in torts does not apply in case of mergers and acquisition of a corporation
Commercial, Banking and Financial
A company’s plant was damaged by a flood due to actions of local authorities. Sometime after the flood and regardless thereof, the company was voluntarily liquidated and merged into the activities of another company, which sought compensation from the local authorities for the damage. The local authorities refused to pay damages because the plaintiff company […]
April 14, 2021
A minority shareholder who reserves a veto right may be subject to a duty of fairness
Business, Corporate and Joint Ventures
Shareholders entered into a founders agreement for the purpose of establishing a company, which stipulated that a minority shareholder would have an antidilution protection. At a later stage, an investment agreement was executed for the purpose of raising capital, which explicitly stipulated that that it revokes any previous agreement, and the shareholder was diluted as […]
April 13, 2021
Granting an asset after death may only be by a will or prenuptial agreement
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
A married couple who were co-owners, together with others, of a commercial building, signed a prenuptial agreement according to which in the event of the husband’s death, the wife will be entitled to any consideration received from renting the property for the rest of her life. After the husband’s demise, the husband’s children sought to […]
April 12, 2021
Store owners who matched prices in WhatsApp groups committed a felonious restrictive arrangement
Gaming stores owners have set up WhatsApp groups, in which they coordinated the prices of game consoles such as PlayStation and Xbox and the prices of various video games such as FIFA, which they advertised on the Zap comparative shopping website which allows store owners to update products prices. The Court held that the store […]
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