The Cross-Border Law Blog

A law blog about cross-border practice and comparative law

 

Companies like Google and Facebook can be sued in Israeli courts, notwithstanding a forum selection clause in their terms of service. However, the choice-of-law provision will usually be enforced, resulting in foreign law litigation in Israeli courts (usually Californi...

The Hague Evidence Convention allows judicial authorities in one signatory country to obtain evidence located in another signatory country for use in judicial proceedings. Article 1 of the Convention provides that in “civil or commercial matters a judicial authority of...

You or your client just won a multi-million dollar award after a long jury trial. Naturally, it is now time to enforce the judgment and collect what is due. But there is a catch. You do not know where the judgment debtor has assets. You heard through the grapevine that...

Can a Hague Evidence Convention application be filed prior to commencing a lawsuit?

For example, company "A" is contemplating filing a lawsuit against company "B" for patent infringement. Prior to commencing a lawsuit, company "A" is interested in gathering additional e...

In a previous post we discussed whether Israeli courts have subject-matter jurisdiction to grant temporary pre-judgment relief in connection with an action initiated and pending in a foreign country. We concluded that such a proceeding may be successful if properly don...

Globalization has long become a fact that all professions need to cope with. Law is certainly no different. As we routinely point out, cross-border discovery is becoming an essential tool for litigators across the globe.

As our subscribers know, Israel is a signatory to...

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...

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