Just and Efficient Resolution of Private International Disputes: Israel’s New Theory of Jurisdiction

By: Yaad Rotem


What is the guiding rationale according to which the rules of international jurisdiction to adjudicate private disputes are to be construed? Israeli law has been contemplating this question for some time now, as the traditional territorial theory seems to be on the decline and is therefore unsatisfactory as a basis for modern legal rules. Unfortunately, a thorough effort to choose an alternative theory is still missing. A painful reminder of this current state of affairs was given recently as the Israeli Supreme Court issued, on the very same day, two decisions concerning cases in which a foreign plaintiff, having no other effective forum in which to litigate his dispute with the defendant, sought relief from Israeli courts.

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