In this update we survey the key aspects of the Supreme Court decision in Bi-Bi Roads Earthmoving and Development Ltd. v. Israel Railways Ltd. (the “Bi-Bi Roads” case), and the impact of this case on principles of contractual interpretation.
The case has garnered considerable attention and represents a classic situation in which proponents of two seemingly irreconcilable approaches believe that the case strengthens their positions. On the one hand, some see the case as conclusively overriding the Supreme Court’s decision in the Aprofim case together with the legacy of Supreme Court Justice Aharon Barak (ret.) in relation to purposive contractual interpretation. On the other hand, others argue that the decision in Bi-Bi Roads can be reconciled with the Aprofim decision.
In this legal update we analyze the Bi-Bi Roads case and its consequences.
Please find the full legal update here>
