Kerish International Motors Agency v Opel Automobile GmbH

Facts

Opel Automobile GmbH, the car manufacturer, appointed Kerish International Motors Agency, a Palestinian dealer based in Ramallah, as its non-exclusive distributor in the Palestinian National Authority territory under a Dealer Sales and Services Agreement dated 16 March 2012. The Agreement was governed by English law and contained a London Commercial Court jurisdiction clause. It was registered with the Palestinian Ministry of National Economy as a commercial agency agreement. Opel terminated it without cause on twelve months' notice, with effect from 28 February 2020. Kerish sought a declaration that it was entitled to compensation as a commercial agent under Palestinian Law No. 2 of 2000 (the Commercial Agents Law). It relied on clause 19.1 of the Agreement, which preserved compensation on termination where "expressly mandated by national law", and on Article 15 of the Commercial Agents Law. After a five-day trial in the Circuit Commercial Court, Mr David Quest KC, sitting as a Deputy High Court Judge, held that "national law" meant Palestinian law. He dismissed the claim, however, because Kerish was not a commercial agent within the definition in Article 1 of the Commercial Agents Law. Males LJ granted permission to appeal. The first appeal hearing in July 2025 was adjourned so that the parties could obtain a statement from His Majesty's Government on whether it recognised Palestine. That question fell away when HMG recognised Palestine. Opel filed a Respondent's Notice contending that "national law" meant English law. Shortly before the resumed hearing, Kerish applied for the case to be remitted to await further Palestinian court decisions.