Posts by Doron Afik

A foreign jurisdiction clause for General Average shell not apply in relation to a claim for indemnity against the shipowner

News
While crossing the Suez Canal, a Chinese ship drifted until it sank and “settled” on the bottom of the canal. Attempts to repair the engine on site failed until at the end of the day, with the help of several tugboats, the…

Who’s the boss? Employer responsibility regarding foreign employees

News
A business employs foreign employees through a manpower placement agency that specializes in bringing foreign employees to Israel, whereby the placement agency not only provided the employee but also handled all issues related to the employee’s employment, including the employee signing an…

The Court’s auxiliary powers regarding arbitration are contingent on the existence of an arbitration agreement and not on the actual conduct of an arbitration proceeding

News
A party to an arbitration agreement moved the Court for interim relief, despite the fact that no arbitration proceedings actually took place. The Supreme Court held that temporary relief may be granted even in the absence of an actual arbitration proceeding. Israeli…

About Avocados and Business between Latin-America and Israel

News
The word Abogado (pronounced similarly to ‘avocado’ in Hebrew) is the Spanish word for a lawyer.  The fruit of the avocado tree in Spanish is actually called ‘Aguacate’.  A law firm in Spanish is a ‘bufete de abogados’, but if you ask…

A party to a contract that has not done everything in its power to bring about the fulfillment of a condition precedent cannot rely on its non-fulfillment

News
In a transaction for the purchase of shares, it was agreed that the guarantees provided by the seller for the repayment of loans from various banks would be transferred to the names of the purchasers. The purchasers divided the guarantees between them,…

Entities operating in different countries assume the risk of being sued in foreign countries in which they operate

News
Investors entered into an agreement with a crypto entrepreneur for the purpose of establishing a solar farm for crypto mining in the USA and issuing a digital currency through a Gibraltarian company. After the entrepreneur emptied the company of its assets, the…

When the parties have business knowledge, af memorandum of understanding can constitute a binding agreement insofar as it is clearly worded

News
Two companies negotiated the lease of a property and signed a memorandum of understanding. After the negotiations were not perfected into a detailed agreement, the tenant contended that the memorandum of understanding constitutes a binding agreement for all intents and purposes. The…

A confession in the context of a telephone conversation will not constitute a confession that resets the statute of limitations

News
A person admitted the existence of a debt in a phone call that was recorded. Following this admission, a lawsuit was filed even though the statute of limitations had lapsed. The Supreme Court found that the phone call is not sufficient to…

One who works against a tax receipt and not a pay-slip may still be deemed an employee

News
A music editor and radio program broadcaster sought to be recognized as an employee of a regional radio station and to be paid his rights despite the fact that worked against tax receipts. The Labor Court accepted the claim and held that…

A company filing a claim will usually be required to deposit a guarantee for the expenses of the defendant

News
An Israeli company provided commercial services to a foreign public company traded on the London Stock Exchange, which is currently engaged, among other things, in developing technologies related to the diamond online trading scene, as well as a software provider for projects…