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Prof. Arie Reich

Telephone
Email
Arie.Reich@biu.ac.il
Office
Building 305, Room 114
Reception Hours
Meetings should be coordinated in advance
Short Biography

Prof. Arie Reich is a full professor at the Faculty of Law and the Vice Rector of the university. In the past he served as the Dean of the Faculty and the Dean of Students.

He is a world-renown expert in International Economic Law and holds a Jean Monnet Chair in European Union Law and Institutions. He also serves as the Director of the Bar Ilan Global Law Forum. He has been a visiting professor in many universities abroad, among them University of Toronto, UCLA, Columbia University, Georgetown University, University of Luxemburg, European University Institute and University of International Business and Economics in Beijing. Prof. Reich has published over fifty books and articles in academic journals in Israel, Europe and North-America. He has also served as an arbitrator in international trade disputes, among them disputes between states, such as China, the EU, Russia and the USA, adjudicated in WTO dispute settlement panels in Geneve.

 

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Research

International Trade Law; International Business Transactions; Dispute resolution in international business; European Union Law; Arbitration; Public Procurement; Energy Law

Publications

IN ENGLISH:

BOOKS (AUTHOR)

Arie Reich, International Public Procurement Law: The Evolution of International Regimes on Public Purchasing (London: Kluwer Law International, 1999); with a preface by Lord Slynn of Hadley, House of Lords, formerly judge of the European Court of Justice.

BOOKS (EDITOR)

Transnational Commercial and Consumer Law: Current Trends in Business Law (co-edited with Mary Hiscock & Toshiyuko Kono) (Springer, 2018).

The Impact of the European Court of Justice on Neighboring Countries (a joint research project initiated and lead by me together with Hans W. Micklitz), foreword and concluding chapter written by us; chapter on Israel written by me (Oxford University Press, 2020).

BOOK CHAPTERS

  1. The Impact of the EU Court of Justice on the Israeli Legal Systemin The Impact of the European Court of Justice on Neighboring Countries (Reich & Micklitz eds.) (Oxford University Press, 2020).
  2. “The Effectiveness of the WTO Dispute Settlement Mechanism: A Statistical Analysis” in Transnational Commercial and Consumer Law: Current Trends in Business Law (Arie Reich, Mary Hiscock & Toshiyuko Kono, eds.) pp. 1-43 (Springer, 2018).
  3. “Israel’s Public Procurement Regime: International and Comparative Aspects” in The Internationalization of Government Procurement Regulations (B. Hoekman & P. Mavroidis, eds.) (Oxford University Press, 2017)  (30 pages).
  4. "Israel: A Comparative Study of Two Models", Domestic Judicial Review of Trade Remedies: Experiences of the Most Active Users" (Cambridge University Press, 2013), pp. 221-245 (with Gill Nadel).
  5. "EU-Israel Trade in the Automobile Sector: Is Israel's High Taxation of Cars Legal under the Association Agreement?", in Integrating with the European Union: Accession, Association and Neighbourhood Policy (L. Cabada & M. Mravinac, eds.) pp. 238-255 (2008).
  6. Core Labour Standards and the WTO: Beware of Unilateralism!- A Response to Werner Meng, in The Welfare State, Globalization, and International Law 395 (Springer Verlag, Berlin, Benvenisti & Nolte eds. 2004).
  7. The New GATT Agreement on Government Procurement: The Pitfalls of Plurilateralism and Strict Reciprocity, in Public Procurement - The International Library of Critical 65 Writings in Economics (Edward Elgar Publishing, S. Arrowsmith & K. Hartley eds, 2001)
  8. The New GATT agreement on Government Procurement - Impressive Achievements but a Setback for Multilateralism, in New Developments in International Commercial and Consumer Law 317 (Oxford, UK: Hart Publishing, 1998).

ARTICLES

  1. “Kosher and Halal Slaughtering Before the Court of Justice: A Case of Religious Intolerance?” (with Guy Harpaz), forthcoming.
  2. “Should Forum Selection Clauses in Agreements of International Websites Be Enforced? - A Proposed New Model” (with R. Perry-Reichman), forthcoming.
  3. “The Ritual Slaughtering Judgment of the ECJ: Voting with your Trolley instead of an Outright Ban” (with Guy Harpaz), forthcoming.
  4. Globalization, the Corona Pandemic and the Need for Joint Action against Illicit Trade in Wildlife”, forthcoming in Justice, The Legal Magazine of the International Association of Jewish Lawyers and Jurists, Vol. 65.
  5. “Israel’s Foreign Investment Protection Regime in View of Developments in its Energy Sector”, 19 Journal of World Investment and Trade 41-94 (2018); also published as European University Institute Working Paper LAW 2017/02.
  6. "The EU, UK and Israel: What to 'Brexpect'?" Israel Journal of Foreign Affairs, Volume 10, 2016 - Issue 2.
  7. The Extensive Use of Exemptions from the Public Tenders Duty - A Response to Benjamin Shmueli” in 25 Public Procurement Law Review Issue 3 (2016), pp. 105-112.
  8. “The 2009 Reforms of Israel’s Mandatory Tendering Regulations: One Step Forward, Two Steps Backward?”  24 Public Procurement Law Review No. 6, 193-219 (2015).
  9. “The European Neighbourhood Policy and Israel: Achievements and Disappointments”, 49 Journal of World Trade Volume No. 4, 619-642 (2015).
  10. "The Remedy of Damages in Public Procurement in Israel and the EU: A Proposal for Reform" (with Oren Shabat), Public Procurement Law Review 2014,2, 50-77.  (Quoted by the Supreme Court of Israel in Administrative Appeal 10065/08 Atir v. State of Israel; in A.A. 3879/09 Yahalomit Peretz v. Finance; and in A.A. 6861/11 I.I.A. Achzakot veSherutim Ltd. v. Beer Sheba Municipality).
  11. "Bilateralism v. Multilateralism in International Economic Law: Applying the Principle of Subsidiarity", 60 University of Toronto Law Journal  263-287 (2010).
  12. "European Union-Israel Trade in the Automobile Sector", 32 The Comparative Law Yearbook of International Business 593-614 (2010).
  13. "The New Text of the Agreement on Government Procurement: An Analysis and Assessment", 12 Journal of International Economic Law   989-1022 (2009).
  14. "Is it Time to Update the 1985 US-Israel Free Trade Agreement, in view of EU Neighborhood Policy?", Begin-Sadat (BESA) Center Perspectives Papers No. 84, June 29, 2009.
  15. "International Sales Transactions - A Series of Simulated Negotiation and Drafting Exercises" , http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1114482
  16. "The Agricultural Exemption in Antitrust Law: A Comparative Look at the Political Economy of Market Regulation", 42 Texas International Law Journal 843 (2007).
  17. The World Trade Organization at a Crossroads, Foreword to Winter 2005 Issue of the University of Pennsylvania Journal of International Economic Law (2005) (with Oren Perez).
  18. The Threat of Politicization of the World Trade Organization, 26 University of Pennsylvania Journal of International Economic Law 779 (2005).
  19. Privately Subsidized Recycling Schemes and their Potential Harm to Developing Countries: Does International Trade Law Have a Solution? 23 Virginia.Environmental Law Journal 204 (2004).
  20. The World Trade Organization as a Law-Harmonizing Institution,25 University of Pennsylvania Journal of Int'l Economic Law 321 (2004).
  21. Institutional and Substantive Reform of the Antidumping and Subsidy Agreements: Lessons from the Israeli Experience, 37 Journal of World Trade (Vol. 6) 1037 (2003).
  22. The New GATT Agreement on Government Procurement: The Pitfalls of Plurilateralism and Strict Reciprocity, 31 Journal of World Trade 125 (1997); also published  in New Developments in International Commercial and Consumer Law (Oxford: Hart Publishing, 1998), p. 317-343; and in Public Procurement, (S. Arrowsmith & K. Hartley, eds) The International Library of Critical Writings in Economics (Edward Elgar Publishing, 2001) 65-91. Also translated into Chinese and published in a Chinese text book on public procurement.
  23. From Diplomacy to Law: The Juridicization of International Trade Relations, 17 Northwestern Journal of Int'l Law & Business 775 (1997). Hebrew version: 22 Tel-Aviv University Law Review, 1-75 (1998). 
  24. Major Developments in Israel’s Public Procurement Law: A New Era in International Tendering, 9 Justice 25 (June, 1996).
  25. On Procurement, Protectionism and Protests: A Survey among Canadian Procurement Officers, 23 Canadian Business Law Journal 107 (1994).
  26. Government Procurement and Bid Challenging in Canada After the Free Trade Agreement, 18 Canadian Business Law Journal 195 (1991).
  27. Articles on international trade law issues in the daily financial press.

Work in Progress:

Should Israel Join the Energy Charter Treaty?

IN HEBREW :

BOOKS (EDITOR)

  1. The World Trade Organization and Israel: Law, Economics and Politics (Bar Ilan University Press, 2006).

BOOK CHAPTERS

  1. The Law of the European Union: Principles and Institutions, in International Law 129-171 (3rd Ed.) (Hebrew University Press, Robbie Sabel and Yael Ronen eds., 2016).
  2. Judicial Review of Decisions in the Field of Trade Charges” in Aryeh Lapidot Festschrift (David Glicksberg, ed.) (Hebrew University Press, 2015) (with Gill Nadel)
  3. The Law of the European Union: Principles and Institutions, in International Law 159 (2nd Ed.) (Hebrew University Press, Robbie Sabel and Yael Ronen eds., 2010).
  4. The World Trade Organization: From GATT to the WTO, in The World Trade Organization and Israel Law , Economics and Politics (Bar Ilan University Press, Arie Reich ed., 2006).
  5. The History of Israel’s Participation in the GATT and the World Trade Organization , in The World Trade Organization and Israel , Law, Economics and Politics (Bar Ilan University Press, Arie Reich ed., 2006).
  6. The European Union , in International Law 121 (Hebrew University Press, Robbie Sabel ed., 2003).
  7. Globalization & Law: The Future Impact of International Law on Israel’s Commercial Law in The Israeli Law: A Look at the Future,271 (Bar-Ilan University Press, 2003.)

    ARTICLES
  8. Arie Reich, “Why Israel Should Adopt the UNCITRAL Model Law on International Commercial Arbitration”, 30 Bar-Ilan L. Stud. 707-763 (2016).
  9. Arie Reich & Sharon Goldenberg, Computer Intrusion as a Civil Wrong, 10 Shaarey Mishpat 415 (2006).
  10. Arbitration in International Investment Disputes, in Arbitration and Mediation in International Business, ICC-Israel (May, 2007).
  11. “Does Money Talk? European (Unsuccessful) Attempts to Use Trade Policy to Further Foreign Policy Goals in the Middle East”,12 Newsletter of Israeli Association for the Study of European Integration (November 2005), 5-8
  12. Are there any Lessons for Israel from the (Temporary?) Failure of Europe’s Constitution Project?, 17 Newsletter of the Israeli Association for the Study of European Integration 55 (2005).
  13. Reform of the Antidumping and Subsidies Agreements,3 Kiryat HaMishpat (2003) 391.
  14. Globalization & Law: The Future Impact of International Law on Israel’s Commercial Law, 17 Bar-Ilan L. Stud.17 (2001). Quoted by the Israel Supreme Court in CA 7833/06 Pamesa Ceramica v. Yisrael Mendelson Ltd.
  15. From Diplomacy to Law: The Juridicization of International Trade Relations, 22 Tel-Aviv U.L Rev. 351 (1999).
  16. Regulating Competition in the Insurance Sector: Lessons from the European Community, 16 Bar-Ilan L. Stud.301 (2001). Quoted extensively by the Israel Supreme Court in its judgment: Cr.A. 4485/02 The State of Israel v. Borowitz P.D. 59(6)776, at 863-867.
  17. The Uniform Law on International Sales: A Need for Revision, 14 Bar-Ilan L. Stud. 127 (1997). Quoted by the Israel Supreme Court in CA 7833/06 Pamesa Ceramica v. Yisrael Mendelson Ltd.
  18. Opening up of Public Tenders to Competition in the EU: A Success or Failure?, 5 Newsletter of the Israeli Association for the Study of European Integration 8 (1998).
  19. The Impact of the GATT Agreement on Government Procurement on the Israeli Law of Public Tenders, 12 Bar-Ilan L. Stud. 419 (1995).
  20. The Punishment of "Kipah" (Imprisonment) in Jewish Law, 7 Me'aliyot 31 (1986). Accompanied with a response by The Hon. Justice Prof. Menachem Elon, Deputy Chief Justice of the Israel Supreme Court.
Work in progress

Should Israel Join the Energy Charter Treaty?

“The Effectiveness of the WTO Dispute Settlement System: A Statistical Analysis”

Last Updated Date : 02/08/2021