58 THE US-ISRAEL | Legal Review 2025/26 challenged by leave of appeal filed to the relevant court of appeal. A decision to deny the motion to certify, on the other hand, is considered a judgment, and can therefore be appealed by right. However, the court’s decision in the claim itself (following the granting of the motion to certify) can be appealed by right to the relevant court of appeal. The Class Actions Law sets out a unique procedure for the approval of settlements, which are subject to the court’s approval. The parties must publicize a notice to the public with the terms of the proposed settlement. Furthermore, a copy of the proposed settlement must be sent to the Attorney General, the Courts Administrator, and the relevant regulator (such as the Custodian of Consumer Protection). These officials, as well as any member of the represented class, and any entity or government body that operates to further public goals in fields relevant to the motion, may file objections to the proposed settlement. Members of the represented class may also “opt- out” of the settlement agreement. The settlement will only be authorized if the court finds it fair, reasonable, and proper, considering the interests of the represented class. If the settlement is reached during the certification stage, the court must also find that the prerequisites for certifying the motion are fulfilled. Israel’s New International Commercial Arbitration Law On February 12, 2024, the Knesset enacted the International Commercial Arbitration Law, 2024 (the “ICAL”). This law closely conforms to the United Nations Commission on International Trade Law’s (“UNCITRAL”) Model Law on International Commercial Arbitration, initially adopted in 1985 and subsequently amended by UNCITRAL in 2006 (the “Model Law”). The ICAL’s primary purpose, as outlined in its introductory provision, is to establish a comprehensive legal framework for conducting international commercial arbitration proceedings in Israel, guided by the principles contained in the Model Law. Before the ICAL came into effect, all arbitrations conducted in Israel, whether domestic or international, were governed by the Israeli Arbitration Law, 1968 (the “Arbitration Law”), which also referred to certain terms of international conventions on arbitration, where applicable. However, the explanatory notes accompanying the ICAL bill contended that the Arbitration Law inadequately addressed the distinct features of international commercial arbitration. As a result, the ICAL was introduced to bridge this gap by adopting a framework based on the provisions of the Model Law, which reflect a globally-recognized standard for international arbitration practice. It should further be noted that Israel is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Noteworthy Procedures and Principles in Israeli Law Good Faith Great emphasis is placed on the principle of Good Faith under Israeli law, which is applicable across all domains of private law. The duty of a party to act in good faith is often sufficient to establish liability (or rights), and sometimes even to create duties towards a party harmed by conduct in bad faith -even if said obligations are not expressly included in the original agreement between the parties. The duty to act in good faith was set in the Israeli Contracts (General Part) Law, 1973 and applies to all the contractual stages - negotiations, the execution of the agreement, and termination thereof, but has also been interpreted to apply to all types of legal actions, whether contractual or not, including actions taken in the context of litigation, such as misuse of judicial procedure etc. Unjust Enrichment Unjust Enrichment is a codified and well-established cause of action under Israeli law. It may be used as an independent cause of action where there is no contract
RkJQdWJsaXNoZXIy MjgzNzA=