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The Cross Border Law Blog


October 2, 2019

In a previous post, we discussed the evolving law in cross-border pre-judgment relief in Israel. In short, Israeli courts appear to be more inclined than in the past to grant pre-judgment relief, such as an attachment of funds, in connection with a pending foreign proc...

September 11, 2019

In one of our recent posts we discussed how 28 U.S.C. §1782 allows a party to a litigation in a foreign (non-U.S.) country to seek discovery for use in that litigation in a U.S. federal district court.

This post will discuss under what circumstances a litigant in a non-...

Enforcing a foreign money judgment in Israel is regulated by the Enforcement of Foreign Judgments Law of 1958 (the "FJ Law").

As in most jurisdictions, a foreign judgment is not automatically enforceable in Israel. Rather, a plaintiff must commence an enforcement procee...

One of the lesser known but more powerful tools available to parties in litigation outside the U.S. is section 28 U.S.C. §1782 (“section 1782”). Under section 1782, a party to a litigation in a foreign (non-U.S.) country can seek discovery for use in that litigation in...

International human rights litigation naturally involves seeking justice against a foreign state. That is, simply stated, the name of the game. Unfortunately, even in the 21st century, there are still governments around the world that fail to comply with basic human ri...

Is an Israeli court authorized to grant temporary pre-judgment relief in connection with an action initiated and pending in a foreign country?

November 11, 2018

As the title of this Blog suggests, we usually discuss legal matters that have an international side to them. However, now and then, we allow ourselves to devote a post to a local, day-to-day, legal matter that is prevalent. In this post, a common landlord-tenant dispu...

October 11, 2018

What law should apply when a creditor attempts to pierce the corporate veil of a foreign company whose shareholder is the debtor?

In Net International Property Limited v. Rachel Sofer (Civ. App. 3585/16, October 3, 2018), the Israeli Supreme Court stated that the applic...

February 2, 2018

In an era of impulsive posting and idea sharing on the whim, the law of defamation is becoming more prevalent. What more, it is becoming more and more difficult to draw a clear line between actionable defamation and defamation that is proper or at least defensible. 


January 3, 2018

A common problem arising from a common situation: Plaintiff and Defendant enter into a commercial contract with an arbitration clause calling for arbitration in forum X (the "Forum"). Plaintiff initiates arbitration proceedings in the Forum pursuant to the agreement an...

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