Cross-Border Opinions & Foreign Law Pleading

Israel is a significant player in the international business world. Individuals from outside Israel are increasingly deepening their ties here, whether commercially or in their private lives. Whether it is a dispute touching on the laws of several nations, a multinational commercial transaction, or a matter of registering a foreign will, the firm is well positioned to assist clients and to guide them at every step.

We have provided expert reports on issues of American law to courts in Israel, with success. Likewise, we have provided expert reports on Israeli law to foreign courts, also with success. We also provide expert consulting on issues of American law to Israeli clients, and on Israeli law to foreign clients.

Our attorneys hold legal education and experience in both Israel and the United States — which is what allows the firm to give evidence on either system to the other's courts.

Where this arises

Foreign law as fact

Israeli courts treat foreign law as a matter of fact to be proven, and foreign courts do the same with Israeli law. Either way, the party relying on it needs an expert who can state it and defend it under cross-examination.

Wills drawn abroad

Registration and probate in Israel of wills executed under foreign law — and the reverse, for Israeli estates with beneficiaries abroad.

Transactional opinions

Rule 144 and other SEC opinion letters, and opinions on Israeli law required by counterparties, transfer agents and institutions abroad.

Disputes across systems

Litigation and arbitration where the governing law, the forum, or the enforcement of a judgment crosses a border.

Who gives which opinion

Daniel B. Schwartz, admitted in New York since 1995 and in Israel since 2018, gives the firm's opinions on American federal and state law. Avraham S. Ben-Tzvi provides Rule 144 and other SEC opinion letters arising out of capital markets transactions.

In the other direction, both have appeared in proceedings outside Israel as experts on Israeli law. A foreign court faced with a question of Israeli law is in the same position an Israeli court is in when American law is raised before it: the law of the other country is a question of fact, and it has to be proved by a witness who can state it and be cross-examined on it.

No opinion leaves this office without having been argued through with another lawyer in the firm. On a question that touches both systems, the second reader is admitted in the other one — which is the point of the arrangement.

How we work

An initial assessment of whether foreign law is genuinely in issue, and of what would need to be proven.
A written opinion prepared to the standard of the receiving court, in that court's language.
Where required, testimony and cross-examination upon the opinion.
Coordination with local counsel in the other jurisdiction.

Related practices

This practice runs regularly alongside the firm’s work in Investments and Capital Markets, Litigation, Corporate, Commercial and Regulatory, Inheritance, Estates and Personal Status.