Israel Legal Concern

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Israel Legal Concern

• Ideas for today and tomorrow

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Arbitration in Israel

• The arbitration process in Israel is primarily
  governed by the Israeli Arbitration Law,
  5728-1968 (Hereunder "The arbitration law"). It
  provides the parties a simple method for having
  their dispute decided efficiency and finally. The
  arbitration process, under this law shall take
  place where the parties entered into a written
  arbitration agreement. -

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Arbitration in Israel

• It is often stipulated in agency or distribution
  agreements that the parties shall refer to
  arbitration in order to settle the dispute. The
  law governing arbitration in Israel is the
  Arbitration Law 1968. The Law enables any
  individual to be appointed as an arbitrator and
  it does not impose any qualities or
  qualifications on the arbitrator.
• Parties tend to appoint an impartial person as an
  arbitrator and prefer one who may possess
  expertise in a particular field. The parties may
  stipulate in the arbitration agreement the
  procedure of appointing an arbitrator or an
  arbitration panel.
• The utmost quality in an Arbitrator should be his
  Legal training, his knowledge of at least the
  mother  languages of the parties, past experience
  in international trade and representation
  contracts.
• Worth noting
• Arbitration is much faster than Court procedures.
• The initial cost is higher, taking into account
  that in both cases you need lawyer
  representation.
• If an arbitration clause is stipulated, then
  there is no possibility to sue in court.
• Only in certain conditions there can be appeal to
  an arbitrator's decision.
• The arbitrator's decision is executable exactly
  as a court ruling.

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• Israel has no specific laws dealing with
  commercial agents and distributors, unlike many
  European countries which have developed specific
  statutory regulations on the subject. However,
  aspects such as the form of contract, rights and
  duties of each of the parties, termination and
  compensation procedures, frequently show
  similarities to European countries.
• However, because there is no specific Israeli
  legislation for determining the duration of the
  advance termination notice, the courts make their
  decisions on a case-by-case basis while taking
  into account the principles of Israeli contract
  law.
• It is therefore of good policy to use the
  services of an experienced and knowledgeable
  local lawyer during negotiations and the contract
  preparation.
• In business practice, the terms commercial
  agent or sales representative are not confined
  to agency in the legal sense, but are used to
  describe a variety of commercial representatives,
  e.g., a legal or commercial agent, an employee or
  a distributor

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Israel Cyber Laws

• Cyber squattingCyber squatting is the practice
  of registering a domain name of a company or
  product with the intention of later selling it to
  a company at a exorbitant rate. The term can also
  refer to the misrepresentation of a registered
  trademark in a domain name. "Cyber squatting is
  less prevalent in Israel than anywhere else,"
  says Doron Shikmoni, president of the ISOC-IL.
  Israel is a smaller market and there are fewer
  cases 33.In the Snapple case, the Snapple
  Beverage company challenged the legitimacy of
  Sara Vidal to hold the domain name,
  Snapple.co.il. Vidal claimed to have registered
  the name in August, 1999 as a web site for a
  consulting company, Snapple Consulting. Vidal
  argued that there was no misrepresentation
  involved, because a message on the web site
  explicitly explained that the site was not
  related to the Snapple Beverage company, and in
  fact linked back to that site. But this case had
  ruling in favor of Snapple Beverage Company

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The Computers Law of 1995

• Damage to or disruption of computer or computer
  material2. If a person unlawfully committed any
  of the following, he shall be liable to three
  years imprisonment(1) he disrupted the orderly
  operation of a computer or interfered with its
  use(2) he erased computer material, caused an
  alteration of it, disrupted it in any other
  manner or interfered with its use.
• Penetration of computer material4. If a person
  unlawfully penetrated computer material in a
  computer, then he shall be liable to three years
  imprisonment for this purpose, penetration of
  computer material penetration by means of
  communication, by connection to the computer, or
  by its operation, but exclusive of a penetration
  of computer material which constitutes monitoring
  under the Secret Monitoring Law 5739-1979.
• Penetrating computer material in order to commit
  other offense5. If a person committed an act
  prohibited under section 4, inorder to commit an
  offense under any enactment other rthan this Law,
  then he shall be liable to five years
  imprisonment.
• Computer virus6. (a) If a person prepared wrote
  software in a manner that enables it to disrupt
  or to cause damage to unspecified computers or
  computer material, in order to cause unlawful
  disruption or damage to computers or computer
  material, either specified or unspecified, then
  he shall be liable to three years
  imprisonment.(b) If a person transmitted to
  another or introduced into another persons
  computer software that can cause disruption or
  damage as said in subsection (a), in order to
  cause aforesaid unlawful disruption or damage,
  then he shall be liable to five years
  imprisonment.