ISRAEL Law and Practice Contributed by: Nir Kehat, Sivan Wulkan Avisar and Iyar Yariv, Arnon, Tadmor-Levy
6. Injunctive Relief 6.1 Circumstances of Injunctive Relief Interim remedies are governed by Chapter 15 of the Civil Procedure Regulations. Available measures include temporary injunctions, attachment orders, receivership, preservation of evidence, and an order banning travel out of the country. Asset-freezing injunctions and attachment orders are relatively com- mon (when circumstances are appropriate). In excep- tional cases, courts may also restrain parties from initiating or continuing parallel proceedings abroad. When deciding whether to grant such relief, the court must determine whether the plaintiff has established a prima facie case. In addition, courts balance the potential harm to the applicant if the order is refused against the harm to the respondent if it is granted, while also considering any potential impact on third parties or the public interest. Courts further examine whether the objective could be achieved through a less restrictive measure, the parties’ good faith, and whether the party delayed in seeking relief. In the case of attachment or injunction orders, the court additionally considers whether denial of the order would significantly hinder enforcement of the judgment. 6.2 Arrangements for Obtaining Urgent Injunctive Relief Urgent injunctive relief may be obtained ex parte from a duty judge who handles emergency matters outside regular hours. 6.3 Availability of Injunctive Relief on an Ex Parte Basis Israeli courts may grant injunctive relief on an ex parte basis in urgent cases where prior notice could frustrate the purpose of the order, such as prevent- ing asset dissipation or evidence destruction. Such orders, often referred to as “interim relief”, are excep- tional, temporary in nature, and typically subject to a prompt inter partes hearing where the respondent can challenge the relief.
5.3 Discovery in This Jurisdiction As a general rule, the parties are to exchange docu- ments independently, without court involvement. A party seeking disclosure of a specific document must make a submit a proper request to court. The legislature has expressly emphasised that proper disclosure and inspection procedures are a fundamen- tal prerequisite for fair judicial proceedings. Accord- ingly, if the court finds that a party has not adequately fulfilled its obligations under the Civil Procedure Regu- lations, it may order immediate cost sanctions and, in special circumstances, strike out that party’s plead- ings. 5.4 Alternatives to Discovery Mechanisms There is no applicable information in this jurisdiction. 5.5 Legal Privilege Attorney–client privilege is absolute, whereas other types of privilege, such as doctor–patient or journal- ist privilege, are relative and may be set aside at the court’s discretion. The law recognises both external and in-house counsel, with both subject to attorney– client privilege and ethical duties. 5.6 Rules Disallowing Disclosure of a Document In addition to attorney–client privilege and other rec- ognised privileges, Israeli law permits non-disclosure in circumstances where the public interest requires confidentiality, where documents were prepared pri- marily for the purpose of litigation, or where disclosure may compromise state security or foreign relations. In such cases, the court conducts a balancing test, weighing the need for disclosure against the compet- ing interest in maintaining confidentiality. In addition, if the disclosed documents contain trade secrets or any other proprietary information, such information may be redacted (sometimes the original document is disclosed to the court while the redacted version is disclosed to the opposing party).
487 CHAMBERS.COM
Powered by FlippingBook