Litigation and Arbitration
Heskia-Hacmun Law Firm provides representation in legal proceedings concerning commercial matters.The State of Israel is a highly litigious country, having the larges number of lawyers per capita. Israel has an independent, adversarial legal system. The disputing parties define the scope of their dispute and the court will adjudicate on the basis of their pleadings and the evidence they present. In making a legal determination, the court will apply the law, consisting of legislation enacted by parliament, implementing regulations, and legal precedent.
The Israeli judiciary is composed of a general court system and specialized tribunals with limited subject matter or personal jurisdiction such as labor courts, administrative courts, military courts and family courts. We represent locals, foreigners based in Israel, and international clients in their legal disputes in any of these courts and tribunals.
In practice, more and more transactions and legal acts are being brought before the courts or other dispute resolution institutions. Our team focuses on anticipating and assessing the chances and risks from the client’s side and on electing the best possible course of action for the client. The service is rendered to assist the client in continuing to realise his business objectives during the course of legal proceedings. A damage control system is constantly used to review the necessity of the legal proceedings and their effectiveness along the way.
The arbitration process ends with an arbitral award, which may be submitted to court for confirmation. A court-approved arbitral award has the same legal standing as a court judgment and, therefore, is enforceable.
Sometimes, we also advise our clients to seek mediation, a process where the parties meet with a neutral third-party who helps them negotiate their differences. They attempt to bring the parties together by identifying important issues and helping them communicate and see points of commonality. While the parties are not bound by mediation often, if the dispute is relatively straightforward and the parties are motivated, mediation can result in an expedited and cost-effective resolution.
Types of Disputes Represented
The firm represents clients with monetary, contractual or commercial actions. In addition, the firm handles actions against office holders, personal actions concerning conflict of interests, unfair competition, disputes between control holders and shareholders, principal and distributor/commercial agent relationships, representation in actions deriving out of the corporate laws in matters of daily management, liquidation and special proceedings, voting matters and approvals of transactions, and minority rights and derivative actions.
Our Tel Aviv office represents plaintiffs and defendants in the following types of substantive disputes that are heading toward litigation, arbitration, and/or mediation.
We represent financial institutions such as banks, mortgage lenders, consumer finance companies, and payment processing firms, as well as plaintiffs who are pursuing an action against such financial institutions. Typical cases are debt collection and financial disputes.
A commercial dispute is typically a disagreement between two or more businesses regarding a contract or the supply of goods or services. These disputes may relate to a sale or other transaction, quality issues, delay in performing the contract, change in pricing, fiduciary responsibilities, other contract terms, or similar types of issues.
If you are an international business person or company based abroad and have been harmed in an Israeli commercial transaction, the handling of your dispute can be a bit more complicated. We are experienced in helping manage and litigate commercial disputes suffered by foreign parties.
Corporate Matters and Shareholder Actions
Our experience in the corporate business and legal venues is wide and deep. Among other things, we help corporations organize, draft their pertinent operating and business agreements, and aid in corporate liquidations and reorganizations. We provide litigation and arbitration strategy and support when disputes arise in these areas.
Similarly, we help shareholders in the legal exercise of their rights, including representing them in derivative and class actions.
Intellectual Property Litigation
Our Tel Aviv team can enforce copyright, patents, trademarks and related proprietary rights and defend against claims in these areas. We have extensive experience in dealing with commercial disputes related to intellectual property, including patent and other technology license agreements.
Contact a Tel Aviv Litigation and Arbitration Attorney
Heskia-Hacmun Law Firm offers an experienced and talented multicultural and multilingual team representing both local and foreign clients. We strive to anticipate your commercial and corporate needs, and assure that your business objectives are fully achieved. Should a client matter end up in litigation or arbitration, we will have helped you create a sound legal platform for litigation success. Contact us today and we will be happy to be at your service.