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What's New: 2004-2007


IICA Adopts International Arbitration Rules, Drafted By Sherby

We announced months ago that the Israeli Institute of Commercial Arbitration had asked Eric Sherby to draft a set of rules for use by the IICA in connection with international disputes.

In late 2007, the Rules Committee of the IICA formally adopted Mr. Sherby's draft rules as the institution's International Rules.
The International Rules can be accessed on this page by clicking on the "International rules" link.
Established in 1991, the IICA is Israel's leading arbitration institution.


Firm Client Enters Into Research Agreement, Sponsored By Office of Chief Scientist

Our firm represented a major Israeli manufacturer and exporter in its negotiations with a leading Israeli academic institution that led to the execution, in late September 2007, of a Sponsored Research Agreement and related License Agreement.

Under the Research Agreement, the project will receive funding from Israel's Office of Chief Scientist.


Firm Client Obtains Discovery Order From US Court For Use Before Israeli Arbitrator

Our firm represents a Canadian corporation that recently filed an application for discovery (documents and deposition testimony) from a resident of Minnesota, pursuant to 28 U.S.C. section 1782. The client's application was filed on an ex parte basis, and the order was granted on an ex parte basis by the federal judge. The Minnesota resident then filed a motion for reconsideration (essentially a motion to vacate the discovery order), which was denied in its entirety in September 2007.

The order obtained by our client is believed to be only the second section 1782 order granted by a federal court in connection with a non-US (private) arbitration.
Sherby & Co., Advs. expresses its deep appreciation to our client's local counsel, Doug Elsass (Minneapolis).
Special note: Our firm does not identify our foreign clients by name, for reasons described in detail in About Our Clients.


Sherby Addresses ABA Forum On Electronic Discovery

At the Annual Meeting of the American Bar Association in August, at a program sponsored by the Commercial Litigation Committee of the ABA's Section of Litigation, Eric Sherby spoke about the discovery () of electronic documents under Israeli law.

Other speakers addressed electronic discovery issues under the laws of Canada, Mexico, and the UK.


Jerusalem Post Publishes Sherby's Article On Pollard Case

In October 2006, The Jerusalem Post published an Op-Ed piece, authored by Eric Sherby, suggesting a novel approach to the case of Jonathan Pollard. To view a copy of the Op-Ed piece, please click here. To view a copy of a follow-up letter to the editor, please click here.


Israeli Bar Publishes Sherby and Rosen's Article on International Discovery

The November 2005 issue of , the national magazine of the Israeli Bar Association, includes an article (in Hebrew), authored by Eric Sherby and Tali Rosen, concerning the use of 28 U.S.C.


Globes Publishes Sherby's (Hebrew) Article on Vioxx Litigation

Israel's daily business newspaper, Globes, published Eric Sherby's article (Hebrew) entitled פרשת ויוקס: מוקדם מדי לקנות כרטיסי טיסה (The Vioxx Affair: Too Early to Buy Plane Tickets), on Sept. 12, 2005.
The article discusses, in general terms, the possible lawsuits of Israeli consumers who claim to have been injured by Vioxx. The article concludes that the conventional wisdom – to the effect that Israeli consumers of Vioxx should ignore the Israeli forum and should file suit in the United States – is often misguided.
To view a copy of Mr. Sherby’s article, please click here.


Victory in New York State Court

In April summary judgment was granted in favor of a firm client that is based in the United Kingdom in connection with a loan dispute involving an executive of a New York-based public company. The case is one example of our firm's growing representation of non-US and non-Israeli companies involved in litigation in the United States.

We express our gratitude to Jeffrey Miller, Esq., for his great assistance as co-counsel in the case.
Special note: Our firm does not identify our foreign clients by name, for reasons described in detail in About Our Clients.


ABA Publishes Sherby's Article on International Arbitration

In late February, the American Bar Association published an article, authored by Eric Sherby, entitled “A Different Type of International Arbitration Clause,” in the ABA's International Law News (Winter edition). The article examines certain types of international transactions in which it is difficult to reach agreement on the selection of one arbitral institution, and the article argues for the use, in those cases, of a two-institution arbitration clause.

To view Mr. Sherby


Class Action Victory

In December 2004, our firm defeated a purported class action against a foreign automobile manufacturer.
The plaintiff had asserted that our client’s marketing materials with respect to the climate control system for one of its luxury vehicles were false and misleading and that hundreds (at least) of purchasers were defrauded.
The Jerusalem District Court not only denied the motion to certify the case as a class action and dismissed the action against our client, but the court also dismissed the case against our client’s Israeli importer.
Sherby & Co., Advs. expresses its immense appreciation to the firm of Landa, Sade, Kahn & Co. for its great assistance as co-counsel in the case.


Jerusalem Report Article

In December 2004, The Jerusalem Report ran a moving story regarding the tragedies caused by the Remedia baby formula scandal. Eric Sherby is quoted, on page 20, regarding the possibility of suing a non-Israeli shareholder of Remedia.

Click here to read article. (Note: due to file size, may take several seconds to open.

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