Israel

• Author: Amichai Magen,Peretz Segal
• Published date: 01 March 2009
• Date: 01 March 2009
• DOI: http://doi.org/10.1177/0002716208328348
• Subject Matter: Articles

244 ANNALS, AAPSS, 622, March 2009

Israel’s civil litigation system, derived primarily from

that of England and Wales, gradually evolved a series of

American-influenced provisions into sector-specific

Israeli law (from 1988 to 2005). The 2006 general Class

Action Law introduced a comprehensive class action

legal framework, containing detailed provisions on,

inter alia, permissible causes of action, certification,

representation, case management, settlements, fund-

ing, costs, and fees.

Keywords: causes of action; certification; representation;

notification; case management; settlement

procedures; remedies, costs

Israel’s civil litigation system derives primar-

ily from that of England and Wales. During

the 1917 to 1947 Mandatory rule, the British

instituted a modern system of civil litigation,

closely modeled on the contemporary English

system. While it has undergone substantial

changes since independence in 1948, in its core

philosophy, concepts, and legal methodology,

the Israeli civil litigation system remains a close

relative of its English peer. As in the case of

England, Israeli law has traditionally eschewed

group litigation, viewing the civil justice system

as an arena appropriately reserved for individ-

ual litigants seeking to uphold their private

interests, not those of others.1

Israel

By

AMICHAI MAGEN

and

PERETZ SEGAL

Amichai Magen is a lecturer in law at Stanford Law

School, as well as a W. Glenn Campbell National

Fellow, Hoover Institution.

Peretz Segal is head of the Legal Counsel & Legislation

Department at the Israeli Ministry of Justice.

NOTE: This article represents a greatly abridged ver-

sion of a report prepared by the authors on Israel for the

Globalization of Class Actions project led by Stanford

Law School and the Centre for Advanced Legal Studies,

Oxford University. The full text of the report can be

found at http://www.globalclassactions.stanford.edu/.

DOI: 10.1177/0002716208328348