Latest updates

What is considered an 'accident' under Montreal Convention?
Levitan, Sharon & Co
  • Aviation
  • Israel
  • December 13 2017

The Tel Aviv Magistrates Court recently declined a passenger's claim for bodily injury damages after it concluded that the event which was the subject matter of the claim was not considered to be an 'accident' as defined by the Montreal Convention. The plaintiff had filed a claim against El Al, arguing that he had been injured after eating a cake served to passengers.

Major overhaul of Restrictive Trade Practices Law proposed
Tadmor & Co Yuval Levy & Co
  • Competition & Antitrust
  • Israel
  • November 23 2017

The Antitrust Authority recently published a draft amendment to the Restrictive Trade Practices Law for public comment. The amendment proposes a broad reform of the law as regards restrictive arrangements, monopolies and mergers. According to the authority, the amendment aims to decrease the existing regulatory burden that applies to legitimate and efficient practices and strengthen anti-competitive enforcement.

Lawful marriage does not guarantee that widow will receive deceased employee's social benefits
S Horowitz & Co
  • Employment & Benefits
  • Israel
  • November 01 2017

The National Labour Court recently ruled that the widow of an employee, who had remarried her former husband on his deathbed, was not entitled to the various social benefits which had accrued to the benefit of the deceased's dependants. The employer refused to compensate the widow for severance pay differentials and the redemption of unused sick leave pay, claiming that such benefits were not part of the estate and that the widow was not a 'spouse' for the purposes of the social benefits claimed.

Court declines jewellers' block claim, accepting argument of fraud
Levitan, Sharon & Co
  • Insurance
  • Israel
  • October 24 2017

The Central District Court recently declined a jewellers' block policy claim after the insurers proved that the claim had been filed with fraudulent intent. The case concerned an Israeli diamonteer who claimed that $10 million worth of diamonds had been stolen from him under the threat of violence. However, following an investigation by the insurers, it was revealed that a number of the stolen diamonds were still in the claimant's possession after the alleged robbery.

Interpretation of cancelled flight under Aviation Services Law
Levitan, Sharon & Co
  • Aviation
  • Israel
  • October 11 2017

The Rehovot Magistrate Court recently ruled that a flight that had departed on time, but been forced to return to the point of departure following a five-hour flight due to technical malfunctions, was a cancelled flight in accordance with the Aviation Services Law. Although there is no binding precedent, the courts have – in lower-instance decisions concerning the law – applied it in cases where the circumstances did not meet the literal interpretation of the law regarding cancelled flights.

Supreme Court intervenes in state decision to limit employment term of judges' legal assistants
S Horowitz & Co
  • Employment & Benefits
  • Israel
  • September 20 2017

The issue of fixed-term employment – both in general and in the civil service in particular – raises many legal issues. The Supreme Court of Justice recently had an opportunity to provide a ruling in a case involving judges' legal assistants who were employed under special contracts. The ruling is an example of how the Supreme Court can create or force the legislature or the parties to an employment relationship to create special solutions for employment situations that do not fit conventional models.

Setback for private enforcement against alleged international cartels
Tadmor & Co Yuval Levy & Co
  • Competition & Antitrust
  • Israel
  • September 14 2017

The Supreme Court recently confirmed that Regulation 500(7) of the Civil Procedure Regulations, which concerns court approval for service outside Israel, is not met where the alleged act or omission occurred outside Israel and only the anti-competitive effects are alleged to have taken place in Israel. The court further ruled that the effects doctrine – the governing doctrine for applying local antitrust law to foreign conduct – pertains only to the substantive applicability of such law to foreign conduct.

Court dismisses summary procedure claim due to lack of jurisdiction
  • Arbitration & ADR
  • Israel
  • August 10 2017

The Tel Aviv District Court recently dismissed a summary procedure claim on the basis of forum non conveniens (ie, discretionary court power to dismiss a case where a more appropriate forum is available). The court ruled that the jurisdictional clauses found in the chain of agreements between the parties clearly pointed to alternative fora. Therefore, in the absence of any indication that the parties intended to grant jurisdiction to the Israeli courts, the court ruled that they were not the proper legal fora.

Montreal Convention prevails over local law on limitation period
Levitan, Sharon & Co
  • Aviation
  • Israel
  • August 09 2017

The Jerusalem Magistrates Court recently dismissed a claim for bodily injury caused to a passenger during a flight, as the claim had been filed more than two years after the plaintiff had reached his destination. The court referred to the Montreal Convention and the Carriage by Air Law, which provide that the right to a claim will be extinguished after a two-year period, despite the local Limitation Law providing a seven-year limitation period from the date of an admission of liability.

Third-party liability or professional indemnity – which policy should apply?
Levitan, Sharon & Co
  • Insurance
  • Israel
  • July 18 2017

There is a fine line between whether the act or omission of a tortfeasor is covered by a professional indemnity or public liability policy. To complicate the situation in Israel, professional indemnity policies are issued on a claims-made basis and public liability policies on an occurrence basis. The Tel Aviv Magistrates Court recently addressed these matters.

Employer may re-examine union representativeness
S Horowitz & Co
  • Employment & Benefits
  • Israel
  • June 28 2017

Israeli collective labour relations confer a unique status on unions that are considered to be representative unions. According to a recent National Labour Court decision, the recognition of a union's representativeness must be followed by a period of stability in order to give the union and the employer an opportunity to establish a relationship of trust and cooperation. However, if clear indications suggest that the union is no longer representative, the employer may challenge the representativeness.

IAA steps up enforcement of financial sanctions
Tadmor & Co Yuval Levy & Co
  • Competition & Antitrust
  • Israel
  • June 08 2017

The antitrust commissioner recently announced her intention to impose unprecedented financial sanctions on several monopolies and market leaders in Israel, as well as some of their senior officers. These announcements indicate that the use of financial sanctions to combat the abuse of a dominant position will likely play a key role in the Israel Antitrust Authority's agenda for the coming years.

Failure to implement risk mitigation measures results in dismissal of insurance clause
Levitan, Sharon & Co
  • Insurance
  • Israel
  • May 30 2017

Before the Insurance Contract Law 1981 was enacted, failure to take protective measures could lead to a complete loss of benefits. However, following its entry into force, most court rulings have applied Article 21 of the law, which provides that if the insured fails to take risk mitigation measures as stipulated in the insurance contract, the insurer may be entitled to reduce the insured's benefits or even be discharged from liability.

Skyfail: technical malfunction which delayed flight considered special circumstances
Levitan, Sharon & Co
  • Aviation
  • Israel
  • May 17 2017

Since 2012 various lower court judgments have held that technical malfunctions which cause delays or cancellations to flights are not considered 'special circumstances' which exempt the carrier from paying the monetary compensation set by the Aviation Services Law. However, the Netanya Small Claims Court recently denied a claim and determined that a technical malfunction in an aircraft which caused a flight delay constituted special circumstances.

Draft directive will ensure quick and fair settlement of long-term care insurance claims
Levitan, Sharon & Co
  • Insurance
  • Israel
  • May 09 2017

The minister of finance and the commissioner of capital markets, insurance and long-term savings recently published a draft directive designed to ensure better treatment of insureds with long-term care insurance policies. The directive intends to shorten and simplify the claims process and increase insurers' objectivity when evaluating an insured's medical situation.

Liquidation proceedings in foreign jurisdiction not grounds for staying arbitral proceedings
  • Arbitration & ADR
  • Israel
  • April 20 2017

Israel's pro-arbitration position was recently affirmed by a district court decision refusing to grant injunctive relief that would have the effect of staying International Chamber of Commerce (ICC) arbitration even in the face of foreign insolvency proceedings. The Tel-Aviv District Court rejected a temporary injunction application to prevent an Israeli party from continuing arbitration with the ICC and ordered it to submit claims solely to the South Korean court overseeing the insolvency proceedings.

Duty to notify candidate that employment is temporary also applies to private sector employers
S Horowitz & Co
  • Employment & Benefits
  • Israel
  • March 29 2017

​The Labour Court recently ruled that employers have a duty to inform prospective employees that the job that is offered to them is temporary and could be terminated at the end of a brief period, irrespective of their performance. The court ruled that, in the absence of other information, a candidate is entitled to assume that if he or she carries out the job satisfactorily, in the absence of unforeseen events, he or she can remain in employment indefinitely.

Are adult children considered dependants under Road Victims Compensation Law?
Levitan, Sharon & Co
  • Insurance
  • Israel
  • March 28 2017

In a recent decision, the District Court examined the Road Victims Compensation Law's scope with regard to a deceased's adult children. The court ruled that even though the Road Victims Compensation Law does not define a 'dependant' as a minor, adult children are generally not considered to be dependants. The court will consider adult children as dependants only in rare circumstances based on evidence proving actual dependence and a lack of financial independence.

IAA publishes draft guidelines on resale price maintenance
Tadmor & Co Yuval Levy & Co
  • Competition & Antitrust
  • Israel
  • March 02 2017

The Israel Antitrust Authority recently published draft guidelines on resale price maintenance arrangements, following a Supreme Court decision that fundamentally changed the legal standard applicable to vertical arrangements. The draft guidelines survey the main concerns arising from resale price maintenance arrangements, the competition benefits that they may produce and the general methodology that should be used to analyse such arrangements.

Supreme Court examines whether non-admitted insurer can file subrogation in its own name
Levitan, Sharon & Co
  • Insurance
  • Israel
  • February 21 2017

The Supreme Court recently tackled the question of whether a non-admitted insurer is entitled to file a subrogation claim in Israel in its own name. The court upheld the Central District Court judgment which approved a motion to strike out a subrogation claim. The judgment creates a distinction between the procedure by which an admitted or non-admitted insurer can file a claim against a party responsible for loss or damage.