ISRAEL Law and Practice Contributed by: Nir Kehat, Sivan Wulkan Avisar and Iyar Yariv, Arnon, Tadmor-Levy
Arnon, Tadmor-Levy 132 Begin Road Azrieli Center Tel Aviv 6702101 Israel
Tel: +972 3 608 7777 Fax: +972 3 608 7724 Email: info@arnontl.com Web: www.arnontl.com
1. General 1.1 General Characteristics of the Legal System Israel has an independent, adversarial legal system rooted in the Common Law tradition (though with con- tinental influences in codified substantive law). Civil proceedings are governed by the New Civil Procedure Regulations, enacted in 2018 and in force since 2021. Traditionally, the system favoured written submissions and affidavits over oral arguments and testimonies. The Civil Law Procedure Regulations now theoretically prioritise direct examination and oral summation in certain proceedings. Many judges have yet to adopt this new approach, preferring to rely on their discre- tion as established by the Regulations and order for the submission of affidavits and written summations after testimonies. 1.2 Court System Israel’s judiciary is structured into three tiers: magis- trates’ courts, district courts, and the Supreme Court, which also serves as the High Court of Justice. In addition, specialised tribunals operate in specific fields, including labour, family, religious, and adminis- trative matters. Notably, Israel does not employ juries; all cases are adjudicated by professional judges. In ordinary civil proceedings, the period from when the plaintiff initiates the action until reaching trial (the evidentiary stage) takes at least 12 months.
1.3 Court Filings and Proceedings Court hearings are generally open to the public (except for in the family courts), and court protocols and deci- sions are accessible through the Judicial Authority’s official website. Access to pleadings and accompany- ing documents requires a formal request to the court, which is typically granted. Sensitive or confidential materials may be protected and sealed pursuant to specific judicial procedures. 1.4 Legal Representation in Court Legal representation before Israeli courts is regulated by Section 21 of the Bar Association Law, 1961. Only attorneys duly admitted to the Israel Bar are author- ised to appear and advocate before the courts. For- eign lawyers are not permitted to represent clients directly; however, they may provide advisory services and collaborate with Israeli counsel in a consultative capacity. Third-party litigation funding is permissible in Israel, though it is a relatively recent and developing practice. Contingency fee arrangements are allowed under the Bar Association Rules; however, attorneys are prohib- ited under the Bar’s ethics rules from providing loans or direct financial assistance to their clients. 2.2 Third-Party Funding: Lawsuits There is no limitation in the framework of civil pro- ceedings in this regard. However, in a recent decision 2. Litigation Funding 2.1 Third-Party Litigation Funding
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