Dear All,
It seems like we are having technical difficulties. We will
Many thanks Roni, I will pass this along to my colleagues.
For your information, Brody and myself will be joined by Philippe Lortie and Laura Martínez-Mora who are the Diplomat Lawyers with responsibility for some of our family law Conventions.
We will see you on 8 February at 11:00 CET.
Cheers, Nicole
From: Roni Ben david <RoniBen@justice.gov.il>
Sent: 31 January 2021 14:43
To: Nicole Sims <ns@hcch.net>
Cc: Yaakov Friedberg <YaakovF@justice.gov.il>; Brody Warren <bw@hcch.net>; Itai Apter (Israel) <ItaiA@justice.gov.il>; Yael Weiner (Israel) <Yaelw@justice.gov.il>; Rachel Spiro <RachelSp@justice.gov.il>
Subject: RE: Zoom Marriages
Dear Nicole,
Here is the link for the meeting –
Best,
Roni
From: Roni Ben david
Sent: Thursday, January 28, 2021 4:31 PM
To: 'Nicole Sims'
<ns@hcch.net>
Cc: Yaakov Friedberg
<YaakovF@justice.gov.il>; Brody Warren
<bw@hcch.net>; Itai Apter
<ItaiA@justice.gov.il>; Yael Weiner
<Yaelw@justice.gov.il>; Rachel Spiro
<RachelSp@justice.gov.il>
Subject: RE: Zoom Marriages
Dear Nicole,
The time you suggested works for us. I will send you a link to the meeting soon.
Thanks,
Roni
From: Nicole Sims <ns@hcch.net>
Sent: Thursday, January 28, 2021 1:35 PM
To: Roni Ben david
<RoniBen@justice.gov.il>
Cc: Yaakov Friedberg
<YaakovF@justice.gov.il>; Brody Warren
<bw@hcch.net>; Itai Apter
<ItaiA@justice.gov.il>; Yael Weiner
<Yaelw@justice.gov.il>
Subject: RE: Zoom Marriages
Hi Roni
8 February would be most convenient for us (unfortunately next week is quite busy). Our colleagues have asked if 11.00-12.00 would work for you? If not, we can stick to your proposed time.
Looking forward to hearing from you.
Cheers
Nicole
From: Roni Ben david <RoniBen@justice.gov.il>
Sent: Wednesday, 27 January 2021 3:42 PM
To: Nicole Sims <ns@hcch.net>
Cc: Yaakov Friedberg <YaakovF@justice.gov.il>; Brody Warren <bw@hcch.net>; Itai Apter (Israel) <ItaiA@justice.gov.il>; Yael Weiner
(Israel) <Yaelw@justice.gov.il>
Subject: RE: Zoom Marriages
Dear Nicole,
We would be happy to schedule a Zoom/Teams meeting with you and Brody, and whoever you think could be relevant from the family law team, to further discuss this matter. Please let me know if any
of these dates could work for you –
2.2.21 at 10:00-11:00 (Vienna time)
4.2.21 at 10:30-11:30
8.2.21 at 12:00-13:00
Many thanks and best wishes,
Roni
Roni Ben David,
Law Clerk.
Office of the Deputy Attorney General (International Law)
|
Israel Ministry of Justice
(073-3928789
From: Nicole Sims <ns@hcch.net>
Sent: Wednesday, January 20, 2021 3:22 PM
To: Itai Apter
<ItaiA@justice.gov.il>;
Yael Weiner
<Yaelw@justice.gov.il>
Cc: Roni Ben david
<RoniBen@justice.gov.il>;
Yaakov Friedberg
<YaakovF@justice.gov.il>;
Brody Warren
<bw@hcch.net>
Subject: RE: Zoom Marriages
Dear Itai, Yael
Concerning the matter of “Zoom Marriages”, it will depend exactly what your colleagues are interested in discussing.
We can refer you to the family law team at the PB that may be able to offer some insight, although they don’t work specifically on the HCCH instrument governing recognition of marriages (Convention of 14 March 1978 on Celebration and
Recognition of the Validity of Marriages). As the Convention is not widely ratified, it is not considered one of our core conventions for post-convention work. Of course, Israel is also not party to this Convention so any commentary would be limited. Further,
the instrument is concerned with the recognition of marriage rather than applicable law. It also excludes proxy marriages from its scope, which would (at first glance) include ceremonies conducted online.
Otherwise, myself and Brody would be available to discuss this within the broader subject of cross-border execution of documents. We imagine a parallel situation would arise with, for example, e‑notarisation from abroad.
In saying this, the basic rule in these matters is that the law of the place of celebration determines the validity and then it is a matter of domestic private international law rules to determine whether it should be recognised. This would
always include a public policy exception.
As an aside, I have also attached our response to the letter from Mr Finkelshtein.
Hopefully this helps. We look forward to hearing from you.
Cheers
Nicole
From: Itai Apter
Sent: 13 January 2021 17:41
To: Brody Warren
Cc: Nicole Sims ; Roni Ben david ; Yael Weiner (Israel) ; Yaakov Friedberg
Subject: Zoom Marriages
Dear Brody,
Thanks for your work on this.
From the perspective of the more relevant issues arising from the "Zoom Marriages", our colleagues who work on marriage issues would be glad to consult with the relevant person in the PB on the private
international law aspects. In that respect questions which came up in the internal discussions concerned the applicable law, the place of the celebration of the marriage, and international recognition aspects.
Who do you think would be the most appropriate person to reach out to in the PB on these issues to discuss informally ?
Best, '
Itai
Itai Apter, Adv.
Director, International Civil Affairs
Office of the Deputy Attorney General (International Law)
Israel Ministry of Justice
Tel: 972-73-3928797
Fax:: 972-3-7634706
From: Brody Warren [mailto:bw@hcch.net]
Sent: Wednesday, January 13, 2021 3:47 PM
To: Yael Weiner
Cc: Nicole Sims; Itai Apter; Roni Ben david
Subject: RE: HCCH notice of Israel violation.pdf
Thanks very much Yael. We will put a response together and be sure to send a copy through to you once we send it.
I hope to see you again sometime in the not too distant future!
Best wishes,
Brody
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Brody Warren |
|
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From: Yael Weiner <Yaelw@justice.gov.il>
Sent: 13 January 2021 09:45
To: Brody Warren <bw@hcch.net>
Cc: Nicole Sims <ns@hcch.net>; Itai Apter (Israel) <ItaiA@justice.gov.il>;
Roni Ben david <RoniBen@justice.gov.il>
Subject: RE: HCCH notice of Israel violation.pdf
Dear Brody,
Thank you for your e-mail. I have indeed received this as well.
We would be very happy if you could give a substantive response. I think this will be helpful.
Please let me know when you send it.
I hope you are well and healthy and also hope to see you in the near future in The Hague, when things go back to normal.
Best regards,
Yael
Yael Weiner, Adv.
Senior Director (International Law(
Office of the Deputy Attorney General (International Law(
Ministry of Justice, Israel
Tel: 972-73-3928778
Fax: 972-2-6462589
This email is confidential and for the exclusive use of its addressee.
If you are not the intended recipient, please delete this message
From: Brody Warren <bw@hcch.net>
Sent: Tuesday, January 12, 2021 6:06 PM
To: Yael Weiner
<Yaelw@justice.gov.il>
Cc: Nicole Sims
<ns@hcch.net>
Subject: FW: HCCH notice of Israel violation.pdf
Dear Yael,
I hope you are keeping well. I am writing in relation to the attached letter, which I see you would also have received last week. From our reading, it seems that this issue is the result of a simple misunderstanding of the Convention, in
that (as you are aware) the Apostille verifies only the origin of the underlying public document and has no bearing on its content, acceptance, or admissibility in the State of destination. I just wanted to confirm with you whether you would like us to give
a substantive response to this effect, or whether you would prefer us to provide a more general response not addressing the substance of the query.
Should you require any further information from us, please do not hesitate to contact either myself or Nicole.
Best wishes,
Brody
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Brody Warren |
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From: Applications <applications@hcch.net>
Sent: 11 January 2021 11:09
To: Brody Warren <bw@hcch.net>
Subject: FW: HCCH notice of Israel violation.pdf
From: Michael Finkelshtein <finlawutah@gmail.com>
Sent: 04 January 2021 11:45
To: Applications <applications@hcch.net>
Subject: Fwd: HCCH notice of Israel violation.pdf
Please Forward to Dr. Christopher Bernasconi.
Best regards,
Vlad Finkelshtein
IGRAD director-general
---------- Forwarded message ---------
From: Michael Finkelshtein <finlawutah@gmail.com>
Date: Mon, 4 Jan 2021, 11:38
Subject: HCCH notice of Israel violation.pdf
To: <Yaelw@justice.gov.il>
תלונה לארגון HCCH
בדבר הפרתה של ישראל את אמנת אפוסטיל.
שלום רב,
אבקש את תגובתכם בהקדם.
בברכה,
עו"ד ולאד פינקלשטיין
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