Dr. Oren Shabat, Advocate

Public Tenders Law Expert

General overview:

Dr. Oren Shabat, provides consultation and Court representation in challenging, complicated and sensitive cases in the Public Tenders and Administrative Law fields. Additionally, he provides legal consultation and assistance to Israeli Companies contesting in large international public tenders, particularly in Latin America.

Dr. Shabat is well experienced in drafting and negotiating international contracts. He has a significant record of obtaining important Court judgements and legal precedents in favor of his clients, as well as of achieving extraordinary and discrete out of Court settlements, involving complex legal disputes.

Dr. Shabat is fluent in several languages, amongst them: English, Spanish and Hebrew. His successful legal practice alongside his academic achievements and multilingual proficiency offer a unique combination of a significant professional experience, high academic and multilingual skills, which are essential for handling and succeeding in legal disputes involving special complexities and cross-border legal aspects.

Summary details:

Born in Israel in 1968.
Received LL.B. (Hons.)  Degree from UEL in London, Great Britain.
Received LL.M. Degree (with thesis) from Bar Ilan University, Ramat Gan, Israel.
Received Ph.d. Degree from Bar Ilan University, Ramat Gan, Israel.
Member of the Israeli Bar, since 1996.
Member of the Israeli Bar Committee for Inheritance and Wills Law.
Member of the Israeli Bar Committee for Administrative Law.
Member of the Israeli Bar Committee for Notaries.
Nominated as a Notary in 2007 - Israeli Notary.
Former lecturer at Continuing Education Programs for Attorneys and
State Officials in the field of Government Procurement Law.
Practicing Attorney since 1996.

Publications:

"The Remedies in Israeli Public Procurement Law" (This thesis (towards Ph.D. Degree)  was carried out under the supervision of Prof. Arie Reich from the Faculty of Law, Bar Ilan University).

This research demonstrates that in many aspects, the current remedies in public procurement law available to aggrieved tenderers, is unable remedy their grievances resulting from infringements of public procurement law. This situation leaves tenderers aggrieved and the law infringed. In other words, the remedies system is ineffective.

This lack of effectiveness is extremely influential on the due-process in public procurement procedures because in Israel, like in most western world countries, upholding due-process in reliance, to a great extent, on petitions filings and on legal claims filed to courts by aggrieved tenderers.

The research shows that key legal norms within the remedies system in public procurement law suffer from various deficiencies, which significantly weaken this system. As a result, many infringements remain unrectified, thus creating under-deterrence towards unscrupulous actors.

The research proposes a comprehensive set of proposals for reforming the remedies system in order to reinforce it.

Arie Reich & Oren Shabat "The Remedy of Damages in Public Procurement in Israel and the EU: A Proposal for Reform", Public Procurement Law Review 2014,2, 50-77.

Damages are formally part of the arsenal of remedies that an aggrieved bidder in a public procurement procedure may use in most jurisdictions, such as the EU, the US and Israel. It is also required by the WTO Agreement on Government Procurement. This remedy could have a critical role to play both in the encouragement of potential suppliers to invest in participation in the tender, as well as in curtailing and deterring improper or corrupt behavior by procuring agencies. However, in order for that to happen, the damages that are awarded must be effective and deterring. In spite of the great promise that such damages hold in encouraging greater competition in contracting and in reducing irregularity, the current rules that apply to the award of damages both in Israel and in the European Union have made this remedy ineffective and non-deterrent. After reviewing these rules and court rulings, this paper proposes changes aimed at improving the effectiveness of damages in public procurement so as to turn them into a deterrent factor in the fight against corruption and to contribute to the establishment of a more efficient and equitable procurement system.   

"Inheritance – Future Inheritance Transactions and Mutual Wills" (Published by Perlstein - Genosar Law Books Publishers (2006)).

Dr. Oren Shabat is a co-author of the book “Inheritance – Future Inheritance Transactions and Mutual Wills" (2006), published by the well-known Israeli Law Books Publisher Perlstein-Genosar. Shabat’s law book on Inheritance Law was purchased by the Administration of Courts of the State of Israel, leading Israeli Law Firms and various Government Offices. It was also purchased by all of the Law and University Libraries in Israel and is cited in judgments of Family Courts, District Courts and the Supreme Court of Israel.

"The Economic Objective of Israeli Public Procurement Law" (this thesis (towards LL.M. Degree) was carried out under the supervision of Professor Arie Reich, (former) Dean of the Law Faculty at Bar Ilan University.

In 2003,  Dr. Shabat published his academic research work, analyzing the Israeli Government Procurement Law objectives – “The Economic Objective of Israeli Public Procurement Law”. This thesis research work was written as part of the requirements for the LLM. Degree at Bar-Ilan University, under the supervision of Professor Arie Reich (former) Dean of the Law Faculty in Bar Ilan University. 

Environmental and Public Activities:

Dr. Shabat holds a basic view that everyone in society has to make a personal contribution to society, for the benefit of the general public and for future generations. He has also successfully conducted public and legal campaigns aiming at enforcing better administration standards, as well as obeyance to Freedom of Information Regulations by Public Authorities. He has also struggled, with great success, for the protection and preservation of the environment, namely the preservation of the sea cliffs. Main Specialties: Public Tenders Law Law, Administrative Law.

Contact Dr. Shabat:

Herzliya Pituach Office

Tel: +972 9 9543895
Fax: +972 9545033
Email: info@michrazim-law.co.il
8 Johanan Hasandlar St., (south entrance) third floor,
in "Beit Lumir"​ Building, Herzliya Pituach, ISRAEL