Declining Jurisdiction in Private International Law: Reports to the XIVth Congress of the International Academy of Comparative Law, Athens, August 1994

By J. J. Fawcett; International Congress of Comparative Law | Go to book overview

12 Israel
STEPHEN GOLDSTEIN Professor, Faculty of Law, The Hebrew University of Jerusalem*
CONTENTS
I Introduction259
II Forum non conveniens261
1. Relation to lis alibi pendens261
2. General principles of forum non conveniens262
3. The special case of the Administered Territories270
4. Raising the defence of forum non conveniens and the results of its determination272
III Discretionary declining of jurisdiction based on consent of the parties274
1. Jurisdiction based on consent274
2. Exclusive forum selection clauses that purport to deny jurisdiction to Israeli courts274

I INTRODUCTION

Israel does not have separate courts for commercial matters. Nor does Israeli procedural law generally distinguish between civil and commercial matters. Thus in this chapter we will not so distinguish and will consider commercial matters merely as a type of civil matter.

The appropriateness and, indeed, necessity, for a court to have the authority to decline jurisdiction on a discretionary basis is, of course, related to the law of international jurisdiction, i.e., the authority of a State's judicial system to assert jurisdiction over defendants, of the given

____________________
*
The Israeli National Report was previously published by the Harry and Michael Sacher Institute for Legislative Research and Comparative Law, The Hebrew University of Jerusalem, in Israeli Reports to the XIV International Congress of Comparative Law, ed. Rabello ( Jerusalem, 1994), 107.

-259-

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