International Law

International Law

What Does International Law Address?

International law deals with disputes that involve a foreign element, such as parties from different countries or events that occurred abroad.

A foreign element may include, for example, the residency of one of the parties, contractual engagements between a party in Israel and a party abroad (i.e., international contracts). In other words, in a dispute where one party is Israeli and the other is not, international law applies.

Key Legal Questions in International Disputes

•      Where will the proceedings take place? – International jurisdiction.

•      Which law will apply to the dispute? – Choice of law.

•      Can a judgment issued by a foreign court be recognized or enforced in Israel? – Recognition and enforcement of foreign judgments.

Types of International Law: Private and Public

International law is divided into two categories: Private International Law and Public International Law.

Differences between Private and Public International Law:

How Is Jurisdiction Determined?

Jurisdiction is established through three cumulative conditions:

International jurisdiction – Does an Israeli court have authority?

Subject-matter jurisdiction – Does this type of court have authority?

Local jurisdiction – Does the court in this location have authority?

However, Israeli courts may exercise discretion and decline jurisdiction if the local forum is deemed an “inappropriate forum,” meaning it is not the “natural forum” for the dispute. In such cases, the proceedings may be transferred to a foreign jurisdiction.

The Doctrine of Forum Non Conveniens

This doctrine addresses the legal question of whether the local forum is the “natural forum” or whether a foreign forum has stronger jurisdiction to hear the case. The test is determined by considering the overall circumstances, including:

•      The parties’ residence and place of business.

•      Access to evidence.

•      The ability to compel witnesses to testify.

•      Costs associated with bringing witnesses and evidence.

Choice of Law – Which Law Applies?

Choice of law rules determine which legal system governs the dispute. Each area of private law has its own choice of law rules.

Determining Applicable Foreign Law

Courts rely on experts to establish the relevant foreign law applicable to the case. Attorneys must prove the foreign law by presenting expert testimony from professionals familiar with that legal system.

Service Outside the Jurisdiction

In international disputes, it is often necessary to serve legal documents outside Israel. This requires the involvement of an attorney experienced in procedural law to ensure proper service abroad. Failure to do so may result in dismissal of the claim.

Our Practice in International Law

We specialize in private international law in the commercial-business sphere, such as corporate disputes arising from contractual engagements, as well as in the private-personal sphere, including family matters.