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Responsibility of the Airport Authority Regarding |
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Adv. Moshe Abady and Adv. Deror Lin
In a claim filed against the Airport Authority for bodily injury, the Court found the Airport Authority liable, where one passenger was pushed by a luggage cart of another passenger.
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Applicability of the Montréal Convention in Israel |
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By Adv. Moshe Abady and Adv. Deror Lin
A significant new amendment was recently made to The Carriage by Air Law - 1980. Until recently, the Law applied the Warsaw Convention of 1929 (as well as the Hague Protocol - 1955) for international and domestic air carriage.
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Payment of Ransom to Mitigate Losses of Stolen Goods |
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by Adv. Irit Shapira Webber and Adv. Deror Lin
The practice of payment of Ransom in order to free a person who was kidnapped or goods which were stolen is known since the beginning of written history. Roman records show that even Julius Caesar was kidnapped by pirates and ransom had to be paid in order to secure his release. Throughout the middle ages history records mention payment of ransom to secure the release of people (such as Richard the Lion Heart) and property.
Even in modern times such payment is often required by pirates, who hijack ships (recent cases involve hijacking of ships near Somalia in the Gulf of Eden).
Several recent Israeli Court cases have dealt also with the relationship between the payment of Ransom by an insured and his obligation to mitigate his losses.
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Time Bar in Insurance and Reinsurance in Israel |
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by Adv. Rachel Levitan
The Limitation Period Applicable to Claims under Insurance Contracts.
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Is The Two Years Limitation Provided by the Warsaw Convention Subject to Extension |
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Adv. Peggy Sharon and Adv. Keren Marco
On July 27 2008 in Siberia Airlines v The Estate of Alexander Grigorbaich the Tel Aviv District Court dealt with the issue of whether the two-year limitation period provided under the Warsaw Convention may be extended based on, among other things, the Israeli Law of Limitation 1958. The registrar of the district court ruled that under unique circumstances, such as proven allegations of fraud against the defendant, it is possible to extend the convention's short prescription period. On 23 February 2010 a motion for leave to appeal to the Supreme Court was denied based on the same reasoning.
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Litigation Costs in Israel |
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by Adv. Sharon Shefer
The Israeli Chapter of a Multi-Jurisdictional guide to litigation costs (published in March 2010) under the name "At What Cost?" - a Lovells Multi-Jurisdictional Guide to litigation costs.
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Multinational Accidents – Which Law should Apply? |
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By Adv. Peggy Sharon
Air accidents inevitably raise numerous complex issues, one of which is invariably that of jurisdiction. Where the Warsaw system of conventions applies as was amended eventually by the 4th Protocol of Montreal (hereinafter: Warsaw Convention), a framework for jurisdiction is specified; however, where Warsaw Convention does not apply, jurisdictional issues may become more problematic.
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Agency Relationship Between Carrier and Travel Agency (The Responsibility for Exchange Rate) |
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Adv. Peggy Sharon and Adv. Oded Cederboim
In the eyes of the Supreme Court, a travel agency may be considered as an agent of a carrier when the carrier knew, encouraged or instructed the travel agency how to act.
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