Overview

Practice Areas: Administrative Law Judicial ReviewArbitrationBanking and Corporate FinanceBanking DisputesCommercial LitigationClass Actions – CommercialClass Action Damages LitigationConstruction and DevelopmentConstruction and Infrastructure DisputesDispute ResolutionEducationEnergy DisputesGlobal DisputesInsurance DisputesLand Use and PlanningLand Use and Real Estate DisputesMunicipal and Local TaxationProduct Liability & TortReal EstateReal Estate and Land Use DisputesShareholder Disputes & Derivative ActionsTenders and Government Procurement Disputes
Industries: Banks and Financial InstitutionsDrugs and FoodEnergy and Natural ResourcesHealthcareInfrastructureGovernment and Defence

Shay is a partner in the Dispute Resolution Practice Group of the firm, where his extensive experience encompasses a wide range of issues and disputes involving all aspects of administrative law, commercial law and environmental law.  He represents clients across a wide range of sectors including infrastructure, quarries, energy, healthcare and banking.  He has appeared before the entire range of Israeli courts and tribunals, negotiating on behalf of clients with ministries and government authorities, and filing petitions to the Supreme Court of Israel concerning many high-value disputes and matters of principle, in particular concerning financial issues.

 

Among his clients are many of the economy’s key players, including the Israel Electric Corporation (IEC), one of the country’s leading HMOs, leading quarry, construction and infrastructure companies and major banks.

 

In his administrative law practice, Shay represents clients in a considerable variety of matters, including petitions to the High Court of Justice, class actions, land appropriation (against the Israel Lands Administration) and litigation concerning the allocation of governmental resources to HMOs.

 

On the environmental side, Shay acts on disputes and challenges relating to the development and land use for industrial and other purposes, including construction of power projects, construction of infrastructure projects, mineral extraction, manufacturing and landfill.

Languages: EnglishHebrew
Admissions: Israel Bar, 2005
Education: Haifa University, LL.B. 2004Haifa University, B.A. (Economics) 2004

Experience

Shay’s experience includes:

 

  • Representing the Maccabi health fund, one of Israel’s largest HMOs, on a number of petitions before the Supreme Court on matters of principle and financial issues.  One such matter comprised judicial review proceedings challenging the State’s method of determining the Cost of Health Index and the funds that the Government allocated to Israel’s HMOs for healthcare.  The successful outcome in the Supreme Court led to a major injection of additional government funding for the health sector
  • Representing Readymix and its subsidiary, Lime and Stone, in a series of claims, including in a class action where the plaintiffs sued for NIS 246 million on grounds that the company’s concrete did not meet the relevant standard.  Also represented Readymix in another class action, in which the plaintiffs, who lived in the vicinity of a Lime and Stone site, had claimed in excess of NIS 40 million by way of compensation for air and noise pollution and nuisance and various other alleged environmental violations
  • Representing the Maccabi health fund in a class action, in which the plaintiffs sued for over NIS 82 million (approximately US$ 22 million) on the grounds that Maccabi and another Israeli health fund had incorrectly updated the co-payments for medical services included in the statutory health basket, causing the plaintiff class (the health fund’s insureds) to be unlawfully overcharged for such medical services
  • Representing Readymix in proceedings brought by it against the Israel Land Administration (ILA) regarding rights in land
  • Defending the Israel Electricity Corporation (IEC) in many civil claims instituted against it for personal injury, potential future health risks, property damage and diminution in value of properties located in close proximity to electricity installations resulting from electromagnetic fields
  • Accompanying IEC at hearings before various regulators, including the Ministry for Environmental Protection, and in planning appeals, regarding environmental matters related to the production, transmission and delivery of electricity
  • Representing IEC in a precedent-setting claim, valued at NIS 100 million, in which 150 agricultural co-operatives sued the IEC, claiming the company had used incorrect electricity tariffs
  • Representing Bank Discount on a disputed tender worth one billion shekels awarded to it regarding the management of personal loans and the provision of services to public sector employees
  • Representing Union Bank of Israel (Bank Igud) and its directors, in a dispute brought by one of the Bank’s major shareholders regarding the appointment of the Bank’s CEO. The ruling was in the Bank’s favour

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