Clients updates / Commercial Litigation

A new Israeli Supreme Court ruling states that, in particular instances, Israeli law will apply to engagements and agreements, even if those agreements stipulate that foreign law applies to them. In its decision, the court also issued several significant rulings that could affect commercial relations, in instances when cogent provisions of law apply.

Contrary to the headlines, a careful examination of the amendment shows it is anchored in Supreme Court case law, and that it creates greater certainty with regard to contract interpretations in the business sector.

Courts around the world are being asked to determine the legal standing of emojis and to include ideograms in contract doctrine when a consensus about their meanings has not yet been reached. 

The new ruling has significant implications since the question of service of process also involves the Israeli court’s acquisition of international jurisdiction to adjudicate a proceeding.

This significant ruling enables small businesses to sue global mega corporations according to Israeli law.

The Israeli Supreme Court overturned a district court ruling and stated the court erred when it attributed internationality to the Israeli trademark “Schweppes” and associated it with a global venture.

The importance of pinui-binui (vacate-and-build) projects for resolving the housing shortage in Israel has spurred new legislation to resolve the problem of  recalcitrant tenants, to define what constitutes a majority of tenants in such projects, and to regulate projects in neighborhoods comprised of detached houses.

A recently promulgated memorandum of law to amend judicial procedures proposes to add the possibility of filing claims against foreign entities in Israel for damage they caused in Israel as a result of acts or omissions performed outside of Israel.

The Israeli District Court of Tel Aviv ruled against global food giant, Nestle, and its subsidiary Nespresso in a claim filed by them in Israel against Espresso Club, an Israeli company, on the grounds of alleged copyright infringement, trademark violations, unfair competition and damage to Nespresso’s reputation.