55 With litigation involving global corporations gaining unprecedented prominence in Israel, becoming acquainted with Israeli litigation practices could offer significant advantages for companies and individuals already operating in, or considering entering the Israeli market. Israel’s Litigation Framework Comparative Law – Israel’s Legal System The State of Israel operates an independent, adversarial legal system, modeled after the Common Law tradition in form and procedure. At the same time, for many years, the Israeli legal system has shown identifiable influences of Continental Law principles, including the long-time and continuous effort by the Knesset (the Israeli Parliament) to codify substantive civil laws. However, the “look and feel” of the legal system is more like that of a Common Law system, as exemplified by the strong emphasis on precedents as legal authority, and the importance of the right to cross-examine witnesses. Litigants are free to define the scope of their dispute, and the court will adjudicate only on the basis of their pleadings and the evidence they present. In determining the outcome, the court applies the law, encompassing primary legislation enacted by parliament, subsidiary legislation such as regulations, and legal precedent. All judicial proceedings in Israel are bench trials, as there is no right to trial by jury. Traditionally, Israeli civil procedure favored written submissions and affidavits (subject to cross examination), over oral arguments and testimonies. The Civil Law Procedure Regulations, which have gone through an extensive revision that came into force on 2021 (the “Regulations”) now theoretically prioritize direct examination and oral summation in certain proceedings. Despite the time that has elapsed since the Regulations entered into force, many judges have yet to adopt this new approach, preferring to rely on their discretion as established by the Regulations, to order that summation and witness testimony will nevertheless be submitted in writing. Israel’s Litigation Landscape Israel is a highly litigious state. It has the highest number of lawyers per capita in the world, and an overwhelming number of claims filed each year, crowding its courts. According to the Courts Administrator, approx. 911,312 new claims and appeals were filed in 2024 - roughly 1 claim for every 11 citizens. The Structure of the Israeli Legal System The Israeli judiciary is comprised of a general court system, alongside specialized tribunals. The general court system includes the Supreme Court, six District Courts (one in each judicial district), and dozens of Magistrate Courts located throughout the different districts. Permanent specialized tribunals, each with limited subject matter or personal jurisdiction, function alongside (and sometimes as part of) the general court system. These tribunals include, inter alia, labor courts, administrative courts, military courts, religious courts, family courts, the Competition Tribunal, and the Standard Form Contracts Tribunal. The Magistrate courts serve as the trial court of first instance for most civil disputes, with subject matter jurisdiction over claims for relief valued up to ILS 2.5 million, and in certain real estate disputes. Magistrate court claims are usually presided over by one judge. District courts have appellate jurisdiction over the magistrate courts, and they also serve as a residual trial court of first instance when the magistrate courts and specialized tribunals lack jurisdiction. ISRAEL — LITIGATION
RkJQdWJsaXNoZXIy MjgzNzA=