Legal Updates

A dispute concerning an international transaction will discuss in Israel whether it has a clear connection to the State of Israel

August 22, 2021

Due to a delay in the delivery time from China of N95 masks intended for the fight against the Covid-19, the purchaser was forced to order such from another supplier and therefore cancelled the order and demanded a refund.

The Court held that the case would be heard in Israel and not in China. When there is a contractual stipulation that the agreement will be governed by Israeli law, when the defendant is an Israeli living with his family in Israel, the negotiation was in Hebrew and all relevant witnesses are Israelis, caselaw teaches that most of the connections test and the expectations of the parties and public interest require that the case will be heard in Israel. Here, the place of production of the goods was in China, but because a significant connection to Israel exists in a number of parameters, the place of hearing of the conflict will be Israel.