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Adv. Zohar Lande, Adv. Jacques Gershoni and Adv. Yatir Madar from the Litigation Department at Barnea, succeeded in cancelling 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 at Barnea. "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”.

Adv. Ariella Dreyfuss, Partner at Barnea will lecture today at the Radzyner Law School in IDC Herzliya, as part of the tutoring program Olim Le’Mishpatim, which aims at providing non-native Hebrew speakers with extra lessons in legal courses.

Barnea represented Viola Private Equity in an investment of USD 50 million in Similar Web, a leading digital market intelligence platform that provides insights for websites and applications.

Barnea represented a group of US underwriters, led by H.C. Wainwright , LLC, in the process of submission of Medigus Ltd. of a prospectus for the Nasdaq listing. Medigus raised USD 7.5 million and will be traded on Nasdaq in parallel with its listing on the Tel Aviv Stock Exchange. Medigus Ltd is an Israel-based company active in the medical sector. It specializes in developing endoscopic procedures and devices.

Barnea together with the UK Israel Tech Hub are hosting today a delegation from the UK, who will be visiting Israel for the first time in order to look for investment and cooperation opportunities, mainly in the Mobility field.

Adv . Zohar Lande, Head of the Litigation Department at Barnea was interviewed by Globes on the Antitrust Authority's decision to impose an unprecedented monetary sanction on the Central Bottling Company Group (Coca Cola Israel). Zohar commented that it is not enough to set the monetary sanctions, submitting that the Antitrust Authority must make use of all the tools at its disposal, including the civilian tools.

Adv. Yuval Lazi, Partner at Barnea, interviewed by the blog 'Talks about Entrepreneurship' discussed the importance of Founders Agreements. Yuval discussed the risk of failure to make a founding agreement, in regard to how much it costs and how long the process takes.

Barnea, together with The Service, will host today a seminar on how to manage real estate assets and family companies. Adv. Micky Barnea, our Managing Partner, will discuss the inter-generational transfer of family businesses. Liat Keisary will participate in real estate panel.

Dr. Zvi Gabbay, Partner and Head of the Capital Markets Department at Barnea, will lecture today on the subject of the Israel Securities Authority in the Bar Association Training Course for Directors.

Adv. Ilan Blumenfeld, Partner in the Antitrust Department at Barnea, wrote an opinion article in The Marker, dealing with the question of whether and how to enforce on a monopoly the prohibition of charging excessive and unfair prices.

A comprehensive survey conducted by Codex, a leading HR company for lawyers in Israel, which was initiated by Barnea, was published in Globes. In the survey, future legal interns were questioned on how they feel in light of the flooding of the profession, how they choose where to intern and more. Adv. Micky Barnea, Managing Partner at Barnea, commented that the initiative came from the recognition that there is a change in the current generation of interns and the need to understand the impact on their internship.

Dr. Zvi Gabbay, Partner and Head of the Capital Markets Department at Barnea, in an opinion article for Finance Magnets following a new proposed bill to prohibit the management and operation of binary options trading platforms out of Israel , even if regulated elsewhere.

The Tel Aviv District Court rejected the lawsuit filed by Nespresso and the global food company, Nestle, against the Israeli company, Espresso Club. Nespresso claimed that Espresso Club’s advertisement, which uses a look-alike of George Clooney, violates the intellectual property of Nespresso and constitutes unfair competition. The Court rejected Nespresso's claims and ordered it to pay Espresso Club NIS 110,070  in legal costs. Espresso Club was represented by Adv. Zohar Lande, Adv. Itay Hatam and Adv. Gili Cohen-Arazi from Barnea

Adv. Maya Zisser, Partner in the Real Estate Department in an article in The Marker, following a temporary injunction issued by the High Court ordering the State to explain why the New Multi-Apartment Act should not be canceled. Maya commented that those people to whom the new Law applies should hold back on any actions designed to counter the application of the law, as such actions may be irreversible.

Adv. Zohar Lande and Adv. Gilli Cohen Arazi from the Litigation Department at Barnea in an article for Chambers and Partners on recent trends in Israeli case law, which may indicate a change in the Israeli courts' attitude to judicial intervention in the business judgment of the Board of a corporation.

Dr. Zvi Gabbay, Partner and Head of the Capital Markets Department at Barnea, was interviewed by Globes, following the exposure of cases of bribery by Israeli businessmen. Zvi commented that the Israeli prohibition against bribing a foreign public servant is new. However, the law was enacted in the US in 1977 and the US has caused other countries to align with it.

Our Head of the Internet Department at Barnea, in an article (in Hebrew) for The Marker, discussing the question of how e-commerce activities may be subject to different legal systems, which can contain rules that do not match and even contradict, especially in matters of licensing and regulation.

Adv. Itay Gura will lecture today on the topic of founders agreements at 'Ignition' - the Entrepreneurship Course of Startau, Tel Aviv University Entrepreneurship Center.

Barnea, together with the Israel-South Africa Chamber of Commerce, is hosting today a cocktail event to promote networking between South African businessmen living in Israel and Israeli businessmen.

Adv. Marie Tsion, Head of the Employment Department at Barnea was interviewed by The Lawyer regarding the effect of the E-2 visa programme on the legal market. Marie commented that the E-2 investor visas will allow US companies, entrepreneurs and employees to start business activities in Israel more easily. This visa is likely to increase the number of US companies establishing activities in Israel.