The unexpected effects of israeli courts’ approach to dual-listed companies

Theoretical Inquiries in Law 23 (1):37-76 (2022)
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Abstract

This Article studies the Israeli courts’ approach to choice of law in securities class actions against dual-listed companies, and its unexpected adverse effects on Israeli shareholders. Israeli courts apply American law to dual-listed companies, as an inducement for companies to list their shares for trade on the Tel Aviv stock exchange. However, one of the outcomes of this choice was to enable American attorneys to include Israeli-traded shares in American securities class actions. The Article claims that this outcome might undermine Israeli shareholders’ rights and reduce their expected compensation.

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10.1515/til-2022-0003

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