ISRAEL Law and Practice Contributed by: Joseph Sprinzak and Rahel Rimon, J.SPRINZAK
Marine Engineer of the SPA prior to being given a full permit. To resolve problems concerning the carriage of containers between Israeli ports, in December 2014 the Minister of Transportation and Infra - structure published the Coastal Shipping (Permit to Foreign Vessel) (Exemption from the Provi - sions of the Law) Regulations – 2014. The new Regulations provide that most of the provisions and requirements contained in the original 2012 Regulations shall be excluded and will not apply to a foreign container vessel carrying containers between Israeli ports on an exceptional basis (ie, where the vessel is not employed in a regular published liner service between Israeli ports). While the Coastal Shipping Law does not expressly define the relevant coastal area, it seems likely that the regulations would apply to Israel’s territorial waters (12 nautical miles), contiguous zone (24 nautical miles) and, argu - ably, the exclusive economic zone (200 nautical miles). A recent important development in Israel con - cerns marine insurance. Thus, in CA 20/206 Teva Pharmaceutical Industries v T&M Goshen Secu - rity Services Ltd (2020), the Supreme Court of Israel decided for the first time that, whether an insurance contract is governed by Israeli law or not, a foreign insurer may be reimbursed by a tortfeasor, whom it has released from liability, in respect of insurance payments paid to a party injured by an event in Israel. Where the insurance contract is governed by Israeli law, the foreign insurer may file a claim by virtue of Section 62 of the Insurance Contract Law – 1981. Where foreign law governs the insurance contract, the claim for subrogation may be made pursuant to principles of unjust enrichment. In exceptional cases, the court will also recognise the right of
the Insured (injured party) to sue the tortfeasor “in the name of and on behalf of” the insurer. Finally, an important recent case is Administra - tive Petition 67484-03-19 HDI Global Antwerp v The State of Israel et al, The Diana, where the Haifa District Court sitting as an Administrative Court considered Sections 96–102 of the Ports (Shipping Safety) Regulations, 1982, dealing with the investigation of maritime accidents. The Court held that non-Israeli citizens, including the petitioner – a foreign insurance company – were entitled to receive full investigative materials from the Ports Authority by virtue of the Free - dom of Information Law – 1998, despite this law essentially being intended to establish Israeli citizens’ rights to receive information held by public authorities (see 1.2 Port State Control ). In March 2025, the Israeli government intro - duced new regulations implementing a signifi - cant reform to enhance port services, accelerate cargo handling, strengthen the economy, and reduce the cost of living. Amendments to operational permits of four port terminals at Haifa and Ashdod, will enable them to expand operations and compete under fair conditions. The reform is intended to ease port congestion and improve efficiency by opening additional berths to reduce wait times and increase unload - ing speeds. Specific steps will address congestion in both general cargo and container handling, recogniz - ing that 99% of Israel’s imports and exports pass through its seaports. Specifically, in Haifa Port: additional land has been allocated for logistics and commercial
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