Posts by Doron Afik

A global corporation with activity in Israel is expected in the event of a dispute to litigate in Israel even if a jurisdiction and foreign law clause exists

News
Israeli customers filed in Israel a motion for a class action against the LinkedIn company, contending that it automatically renews paid subscriptions in violation of the Israeli Consumer Protection Law, despite the fact that  under the LinkedIn terms of use in the…

A claim by the condo association cannot demand compensation for emotional distress

News
A condo association of a condominium in Ramat Gan demanded, inter alia, that the contracting company repair construction defects discovered in the condominium systems and compensate the residents for emotional distress. The Court accepted the claim and ordered the contracting company to…

When no brokerage fee has been determined, the amount of the fee shall be determined based on industry standard

News
A person provided brokerage services to another as part of a transaction to sell shares, but the parties did not agree on the brokerage commission rate, only that it would not exceed ILS 1 million. The Court held that the broker is…

Stop everything, wait for me! – On Interim Orders and Freeze of Engagements in Tenders

News
A supplier submitted a bid for a tender for the provision of services published by a government ministry, but was not selected as the winner.  The supplier refused to accept the decision of the tenders committee, but until its claims are clarified…

The winning of a bidder in a tender for the provision of services will not be delayed, especially when there was no flaw in the conduct by the tenders committee

News
A bidder in a tender discovered, after the winner of the tender had already been selected, that its bid lacked details that would have allowed it to receive the maximum score had it been submitted in the first place.  Due to the…

The existence of insolvency proceedings does not prevent the realization of an autonomous bank guarantee

News
A lessor sought to exercise an autonomous bank guarantee given to it by the tenant due to a debt arising from the lease agreement.  The trustee of the tenant, who is in insolvency proceedings, sought to postpone the realization until the lessor’s…

If a condition subsequent is met in a gift transaction, the gift will be cancelled

News
Parents allowed their son and daughter-in-law to build their house on half of the land owned by the parents.  The parties signed a gift agreement with a commitment stating that if the couple seeks to sell the property during the lifetime of…

In order to impose a personal obligation on the company’s organ for pre-contract negotiations, subjective personal fault must be shown

News
Two companies entered into an agreement in which one undertakes to provide consulting services to the entrepreneurial company in the framework of a real estate construction project, in exchange for a certain percentage of the proceeds received from the sale of the…

The threshold conditions for recognizing the existence of a “common-law spouse” relationship are family life and a shared household

News
A woman sought to be recognized as a common-law spouse of a deceased on the grounds that she and him had lived together as husband and wife for several years until his demise, and thus be recognized as his heir. The Court…

Sellers of an apartment who withdraw from executing the transaction at the last minute may be liable for damages to the purchasers due to lack of good faith

News
Apartment owners pulled out of a transaction for the sale of their apartment at the last minute and informed the purchasers that “the transaction is null and void”, after lengthy negotiations in which all the terms were agreed with the purchasers and…