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Insights & News / Yatir Madar
Explaining the Israeli Supreme Court’s Ruling on Contractor Delays in Delivering Apartment to Buyers
Impact of the Swords of Iron War on Apartment Deliveries
Barnea: Representing Gencell in ILS 16 Million Lawsuit
Adv. Gal Livshits, Adv. Yatir Madar, and Adv. Liron Dahan from our firm’s Litigation Department are representing Gencell in an ILS 16 million lawsuit against the car importer EV Motors, as well as Holon Motors. The claim alleges the defendants owe Gencell ILS 4.5 million for systems and equipment they purchased but did not pay for.
News for Apartment Buyers in Israel – Major Amendments to the Sale (Apartments) Law
The latest amendment includes a limit on linkage to the construction input index and revises contractors’ compensation rates for delays in apartment deliveries
Maurice Haliwa Increases Claim against Jacky Ben-Zaken and Avraam Nanikashvili
Our firm continues to represent Maurice Haliwa, a shareholder in Manor A.D. Construction Investments Ltd., in a lawsuit against Jacky Ben-Zaken and Avraam Nanikashvili. Haliwa recently increased the amount of the original lawsuit from ILS 18 million to ILS 100 million. Adv. Zohar Lande and Adv. Yatir Madar represent the client.
Lawsuit Against Founder of Digital CoinDash
Our firm represented Guy Aharonovski in a lawsuit against his former partner in CoinDash, a platform for managing investments in cryptographic currencies. Aharonovski is claiming his former partner disqualified him from his share in the company, founded Queen-Dash behind his back, and issued tokens called CDT that enabled the use of the platform provided by the company.
District Court Rejects Scheduled Vote of Purchase Group United Sarona
The Tel Aviv District Court granted a motion by more than 50 members of the United Sarona purchase group to block a vote at a meeting scheduled for today. The members, represented by Adv. Zohar Lande, head of Barnea’s Litigation Department, argued that the process of convening the meeting was materially flawed, including a failure to provide sufficient information.
Purchase Group United Sarona Poised to Fall Apart
The United Sarona purchase group, which won a tender a year and a half ago to build several towers near Tel Aviv’s Sarona Market, is on the verge of breaking up. In recent days, several group members have begun preparing to file a lawsuit against the group’s organizers, with the assistance of Adv. Zohar Lande, head of Barnea’s Litigation Department. The planned lawsuit follows the organizers’ failure to recruit new members or secure alternative funding to keep the project moving forward.
Supreme Court Victory on Cancellation of Arbitration Ruling
Adv. Zohar Lande, Adv. Jacques Gershoni, and Adv. Yatir Madar from the Litigation Department succeeded in canceling an arbitration ruling in the Tel Aviv District Court, a cancellation which was then upheld by the Supreme Court.
The parties had appointed an arbitrator to hear and rule on a specific dispute between them. After the arbitrator had issued an arbitration award which had been fully carried out by both parties, the arbitrator joined forces with one of the parties, while attempting to ignore the arbitration award, which had already been carried out, with the aim of unilaterally issuing a new arbitration ruling. In fact, the new arbitration ruling overturned the original award, which, as noted, had been fully carried out by the parties.
The party with whom the arbitrator had cooperated (the “other party’’), relying on the new arbitration ruling, filed a dual application to the Tel Aviv District Court - one for the approval of the new arbitration award and the second for the temporary imposition of liens on the property of Barnea’s client.
Barnea's litigation team succeeded in obtaining an order for cancellation of the new arbitration award. The Court clarified that the new arbitration award was given without authority, because it exceeded the limits of the authorization defined by the parties and because it contradicted a previous ruling of the arbitrator.
The other party did not accept the ruling of the District Court and chose to submit a motion for leave to appeal the ruling of the Tel Aviv District Court to the Supreme Court, as well as a request for temporary remedies in the appeal.
Barnea filed a firm response to the other party’s request for temporary relief, in which it was made clear that the need to impose temporary liens was never examined on its merits in the District Court, and elaborated on the fact that the request for leave to appeal the judgment of the District Court lacked any basis both in law and in fact.
The Supreme Court denied the motion for leave to appeal and instructed the other party to pay Barnea's client's legal fees and expenses.
"It is known that the annulment of an arbitration award is a rare occurrence, and that it does not happen routinely," commented Adv. Zohar Lande, Head of the Litigation Department. "This rejection by the Supreme Court actually means the upholding of the District Court’s ruling, the cancellation of the new arbitration award and, accordingly, the cancellation of the temporary remedies imposed on the assets of our client”.