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Professor Gabriela Shalev President of the Higher Academic Council, Ono Academic College Professor (Emeritus) Hebrew University of Jerusalem

CURRICULUM VITAE

1. Educational Background

LL.B. (Summa cum laude), Faculty of Law, Hebrew University, (1966); LL.M. (Summa cum laude), Faculty of Law, Hebrew University, (1969); Doctor Jur. (Summa cum laude), Faculty of Law, Hebrew University, (1973); Visiting Scholar (post-doctoral research), Harvard Law School (1975-1976).

2. Practical Experience

Clerkship at the Supreme Court of , (1964-1966); Clerkship at the legal department of the Jewish Agency, (1967); Admitted to the Israeli Bar, (1968).

Chief Legal Editor of the Judgments of the , (1968-1980), (since 1998).

Chief Legal Advisor for the reform in national health services, (1991).

Israel's Ambassador to the (2008-2010)

Legal advisor, arbitrator and expert, in Israel and abroad, on various litigations concerning national and international transactions.

Board Memberships:

Member of the Board of the Newspaper Ma’ariv (1991); Member of the Board and Chairperson of the Audit Committee of (1990-1996); Member of the Board and Chairperson of the Audit Committee of Israel Electric Company (1995-2004); Member of the Board of Hadassah Medical Organization (1996-2000); Member of the Board of Fibi Holdings Co. (1998-2002); Member of the Board of Koor Industries (1999-2006); Board member of Investments (2001-2008); Board member of Teva Pharmaceutical Industries Ltd (2003-2008); Board member of Group Ltd. (2006-2008); Member of the Board of Directors of Bank Leumi Ltd. (since February, 2011).

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3. Teaching Experience and Subjects Taught

Teacher and member of the Faculty of Law, Hebrew University of Jerusalem (1964.-2002)

Full Professor of Contract Law, Hebrew University of Jerusalem, since 1986.

Professor Emeritus of Hebrew University (early retirement 2002) Visiting Professor at: Temple Law School, Philadelphia, (Summer, 1975); Boston College School of Law, Boston (Winter, 1976 and Winter, 1981); Tulane Law School, New Orleans (Fall, 1988); Glasgow Law School, Glasgow (Winter, 1991); Toronto University, Toronto (September, 1993); Leuven University, Leuven (Spring, 1996 and Winter 2001); Friburg University, Friburg (Winter, 1998).

Subjects and Courses Taught : Law of Contracts; Comparative Law of Contracts; Civil Codification; Government Contracts and Public Tenders; English Law of Contracts; Law and Literature; Constitutionalisation of Private Law.

4. Academic Functions

Director of the Harry Sacher Institute for Legislative Research and Comparative Law, Faculty of Law, The Hebrew University of Jerusalem, (1981-1984).

Member of the Standard Contracts Tribunal (1983-2006).

Member of the Codification in Civil Law Committee (1986-2006).

Legal editor of the Hebrew Encyclopedia’s new edition (since 1984).

Chairperson of the Disciplinary Committee of the Hebrew University (1984-1989)

Advisor on the status of women at the Hebrew University (1988-1990).

Member of the Hebrew University Executive Committee (1988-1990)

Member of the Committee for Legal Terminology at the Israeli Academy of (since 1990).

Chairperson of the academic Nomination Committee of the Hebrew University (1991-1994)

Chairperson of the Fund for Promotion of Law at the Ministry of Justice (1991-2000)

3 Member of the Statutory Committee for Recognition of Law Schools (1991- 1995)

Academic advisor of the College of Insurance (1993-1998)

Chairperson of the Israeli Academic Committee, (1995-2002)

Member of the Academic Committee, Open University (2001-2004).

Academic President (Rector) of Ono Academic College (2002-2008), President of the Higher Academic Council and Dean of the Law School, Ono Academic College (2010-present).

5. Public Functions

Member of the Board of Israel Democracy Institute (since 1991); Member of the Board of Trustees of Jerusalem Van Leer Institute (1995-2006); Member of the Israel Fund for Peace, established by and (1996-2004); Various governmental committees (2000-2003, 2005); Acting Chairperson of Israel Public Broadcasting Services (2006); Committee for formulating ethical code for government members (2006-2008); Chairperson of the Sapir Prize (the Israeli Booker) (2012).

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GABRIELA SHALEV - LIST OF PUBLICATIONS

1. Exemption Clauses in Israeli and English Law, published by the Institute for Legislative Research and Comparative Law, Hebrew University of Jerusalem, Faculty of Law (210 pp.) (in Hebrew) (1974).

2. "Collateral Contract" (1969) Mishpatim, 577-610 (in Hebrew).

3. "Breach and Rescission of Contract" (1970) Mishpatim, 652-632 (in Hebrew).

4. "Remedies on Anticipatory Breach" (1973) Israel Law Review, 123-134.

5. "Proof of Condition Subsequent" (1973) Mishpatim, 653-663 (in Hebrew).

6. "Exemption Clauses in an Israeli Lottery: validity and scope" (1973) Mishpatim, 173-180 (in Hebrew).

7. "Comments on the Law of Contract (General Part)" (1974) Israel Law Review, 274-282.

8. "The Validity of Clauses Excluding or Limiting Liability", in Israeli Reports to the 9th International Congress of Comparative Law, Jerusalem, 1974, pp. 43-60.

9. "A Source Study of Israel's Contract Codification", 35 Louisiana Law Review (1975 Special Issue), 1091-1104 (co-authorship with S. Herman).

10. "Justice and the Law of Contract" (1976) Mishpatim, 544-547 (in Hebrew).

11. "Contracting Party's Right and Third Party's Right Prior to the New Contracts Law" (1976) Iyunei Mishpat, 141-147 (in Hebrew).

12. "Good Faith in Negotiations" (1976) Mishpatim, 118-148 (in Hebrew).

13. "Third Party Beneficiary: A Comparative Analysis" (1976) 11 Israel Law Review, 315-338.

14. "From Common Law to Independence: Contracts in the Courts 1975", 2 Tel-Aviv University Studies in Law, 33.

15. Contract for the Benefit of a Third Party. Book published by the Institute for Legislative Research and Comparative Law as part of the series: Commentary on Laws Relating to Contracts (71 pages) (1977) (in Hebrew).

16. "Control over Exemption Clauses: A Comparative Synthesis" (1977) 1 Boston College International and Comparative Law Journal, 11-46.

5 17. Formation of Contract. Book published by the Institute for Legislative Research and Comparative Law, as part of the series: Commentary on Laws Relating to Contracts (107 pages) (1978) (in Hebrew).

18. "Does the Doctrine of Fundamental Breach Apply to Israeli Law? (1978) 8 Mishpatim, 466-478 (in Hebrew).

19. "Exemption Clauses and Third Parties in English and Israeli Law" (1978) 13 Israel Law Review, 474-488.

20. "Administrative Contracts" (1979) 14 Israel Law Review, 444-479.

21. "State's Contractual Obligations" (1980) 31 Hapraklit, 215-221 (in Hebrew).

22. "Non est Factum" (1981) 11 Mishpatim, 501-517 (in Hebrew).

23. Defects in the Formation of Contract. Book published by the Institute for Legislative Research and Comparative Law, as part of the series: Commentary on Laws Relating to Contracts (210 pages) (1981) (in Hebrew).

24. "Defects in the Formation of a Contract" (1981) 11 Mishpatim, 439-467.

25. "Standard - Form Governmental Contracts" (1982) 12 Mishpatim, 595-615.

26. "Good Faith in Public Law" (1983) 18 Israel Law Review, 127.

27. "Recission of Contract by the State" Book in Memory of Chief Justice Sussman (1983) 159.

28. Government Contracts in Israel. A book (in Hebrew) 200 p. (Jerusalem, 1985).

29. "Government Contracts: The Law and the Forum" (1986) Iyunei Mishpat, 201.

30. "Promise, Estoppel and Good Faith" (1987) 17 Mishpatim, 295.

31. "Government Contracts in Israel" (1988) 18 Public Contract Law Journal, 34.

32. "Unenforceable Contracts and Unjustifiable Contracts" 21 (1987) Israel Law Review, 425.

33. Contents of Contract. Book published by the Institute for Legislative Research and Comparative Law, ((248 pages) (1988).

34. "The Pre-Contractual Process" 14 (1989) Iyunei Mishpat, 293.

35. "Preliminary Agreement and Good Faith" 19 (1990) Mishpatim, 452.

6 36. Law of Contract, a comprehensive treatise on Israeli contract law (Din, 1990) (850 pages) (2nd ed., 1995).

37. "The Pre-Contractual Process Under Israeli Law", Israeli Report to the 13th International Congress of Comparative Law, Jerusalem, 1990.

38. "Forty Years of Contract Law" 24 (1990) Israel Law Review, 657.

39. "Standard Contracts Under Israeli Law" 10 (1990) University Studies in Law, 229.

40. "Precontractual Liability in Israel" in E.H. Hondius (ed.), Precontractual Liability (Klewer, 1990).

41. "Negotiating in Good Faith", in: Equity and Contemporary Legal Developments. (The Harry and Michael Sacher Institute for Legislative Research and Comparative Law, 1992) 818.

42. "Disclosure in Insurance Contracts" (1991) Hapraklit, 20.

43. "Political Agreements" (1991) Iyunei Mishpat, 215.

44. "Political Agreements" 26 (1992) Israel Law Review, 442.

45. Contract Law, Israel, a monograph forming part of the International Encyclopaedia of Law (Kluwer, 1995). (Update, 2000).

46. Contract Law, Chapter 6 in: Introduction to the Law of the State of Israel (Klewer, 1995).

47. Book Review, in (1993) Mishpat Umimshal, 552.

48. “Codification of Private Law and Consumer Protection” in: European Legal Traditions and Israel (ed. A.M. Rabello, Jerusalem, 1994) 494.

49. "Jerusalem Between Venice and Belmont" (1994) Mishpatim, 13.

50. "Public Tenders in Israeli Law" (1994) Mishpat Umimshal, 455.

51. Law of Contract (2nd ed.) (Din, 1995)

52. Legal Section at the New Hebrew Encyclopedia (editor)

53. "Freedom and Justice in Contract Law", in: Labour Law Annual (1995) 153.

54. "Towards New Frustration Law", in: Tedeschi Book (1995) 607.

55. "Contract Law", in: The Law of Israel: General Surveys (ed., I. Zamir and S. Colombo) (1995).

7 56. "Public Procurement Contracts in Israel" (1997) Public Procurement Law Review 185.

57. "Private Tenders" 29 (1998) Mishpatim, 179.

58. “Constitutionalization of Contract Law” in: Towards a New European ‘ius commune’ (ed. A.M. Rabello, The Harry Sacher Institute for Legislative Research and Comparative Law, 1999).

59. (With Eyal Gur) “Public Tendering Procedures in Israel” (1998) Public Procurement Law Review.

60. “The ‘Gentleman’s Agreement’ in Legal Theory and in Modern Practice” Israeli National Reports to the XVth International Congress of Comparative Law (The Harry Sacher Institute for Legislative Research and Comparative Law, 2004) 67.

61. The Law of Public Procurement (Din, 1999).

62. Law of Contracts (3 volumes) (The Open University of Israel).

63. “Gentlemen’s Agreements” 31 Mishpatim (2001) 1.

64. “Freedom of Occupation and Freedom of Contract”, in: Goldberg Book (2001) 485.

65. “The Influence of Basic Law: Human Dignity and Freedom, on the Laws of Contract”, in: Kiryat Hamishpat, Volume I, 41.

66. “The Contribution of Chief Justice Shamgar to Contract Law”, in Shamgar Book (2002).

67. “What Happened to Public Policy?” in Kiryat Hamishpat, Volume II, 21.

68. “The Applicability of Human Rights Standards to Private Corporations – Israeli National Reports to the XVIth International Congress of Comparative Law (The Harry Sacher Institute for Legislative Research and Comparative Law, 2006) 69.

69. “Interpretation in Law – Chief Justice Barak’s Theory”, in: Liber Amicorum Jacques Herbots (Klewer, 2002).

70. “The Interpretation of Contracts – Barak’s Theory”, in Hamishpat (2002) 23.

71. "More About Good Faith," in Kiryat Hamishpat, Vol. III, 121

72. The Law of Contract - General Part, Towards Codification of the Civil Law, (Din, 2005).

8 73. “The Merchant of Venice in light of Israeli Law”, in: Aley Siach, 50 (2003)61.

74. “The Erosion of the Principle of Freedom of Contract”, in: Kiryat Hamishpat, Volume V, 335.

75. “Equality in Contract Law”, in: In Memoriam of Menashe Shava (Ramot, 2006)

76. (with Yehuda Adar): “Remedies for Breach of Obligation – A Glance at the Remedies Chapter in the Proposed New Civil Code”, in: Kiryat Hamishpat, Vol. VI, 185.

77. “Israel”, in Elgar Encyclopedia of Comparative Law (Edward Elgar Publishing, 2006).

78. "The Applicability of Human Rights Standards to Private Corporations", Israeli Reports to the XVI International Congress of Comparative Law, (The Harry Sacher Institute for Legislative Research and Comparative Law, 2006) 69.

79. (With Y. Adar) "The Law of Remedies in a Mixed Jurisdiction: The Israeli Experience", Tulane European Civil Law Forum 111 (2008) 23.

80. "Who are the Contracts' Masters," Cheshin's Book 645.

81. "The Kanfi Case – Sophistication and Justice", 26 Hamishpat (2009) 51.

82. (With Y. Adar) "The Law of Contract – Remedies for Breach" (Din, 2009).

83. (With E. Zemach) "Interpretation of Contract" 10 Kiryat Hamishpat (2012)

Editorship

1. Law Sections in the new Hebrew Encyclopedia.

2. (With A. Barak, Y. Zamir, H. Cohn, N. Lipshitz) Sussman’s Book (1980).

3. (With A.M. Rabello and E. Zamir) Brief commentary on Law Relating to Private Law.

4. (With Y. Engelard, A. Barak, M. Rabello): Tedeschi’s Book (1995).

5. Law of Contracts (3 volumes) (The Open University of Israel)

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