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The Dispute Over 9% of Maccabi Tel Aviv’s Shares Has Reached the District Court

Shimon Mizrahi, the Recanati family and Jason Levin announced that they were exercising their right of first refusal regarding 9% of the club’s shares owned by Ben Ashkenazi. The commencement of arbitration in the dispute over control of the club depends on the court’s decision regarding Levin’s participation.

Key facts

  • •Subject of the dispute: 9% of Maccabi Tel Aviv’s shares
  • •Court: District Court; the specific district is not stated
  • •Judge: Ariel Zimmermann
  • •Case number: not stated in the source
  • •Date of Dietz’s notice regarding the purchase right: September 4
  • •Club valuations: $170 million and $200 million

The Battle Over the Club’s Shares

Ben Ashkenazi’s shares were supposed to be transferred to Jason Levin, but Richard Dietz had previously announced that he, too, was exercising his right of first refusal regarding them. According to the source, Dietz sought to increase his stake to approximately 55.5%, and subsequently might have increased it to 62.5% or more. Mizrahi, for his part, argues that he has priority in the purchase.

Who Should Participate in the Arbitration

Mizrahi and the Recanati family are demanding that Levin be joined to the arbitration because they regard him as a shareholder and note that Dietz himself joined him to the legal proceeding. Dietz objects: in his view, the legal proceeding and the arbitration are separate proceedings, and Levin was included in the application for an injunction solely to prevent the shares from being transferred to him.

No Decision Has Yet Been Made

Judge Ariel Zimmermann of the District Court is required to decide whether Levin will participate. At the same time, the source reports that the arbitration can begin only after the court’s decision and that its commencement was scheduled for this coming Sunday. The court’s final decision, the outcome of the arbitration and the case number are not stated in the publication.

What the Dispute Is Based On

The parties rely on a right of first refusal and on the provisions of the club’s shareholders’ agreement. Dietz argues that several of the alleged share transfers breached this agreement, but the source does not cite a judicial determination regarding this claim. The club valuations mentioned—$170 million and $200 million—were presented in Dietz’s arguments and were not determined by the court.

What this means for you

The dispute illustrates that the transfer of a holding in an Israeli company or sports club may depend on other shareholders’ rights of first refusal and on the terms of the shareholders’ agreement. Even before the principal dispute is heard, the court may be required to determine the identities of the participants in the arbitration. As long as no decision has been issued, it cannot be regarded as settled who will purchase the 9% stake and who will ultimately control the club.

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