Wednesday, November 14, 2018

Arbitration agreement to be signed in Bais Din- Many are unfamilliar with the clear meaning of a Hebrew version, so only use the English one.


Arbitration Agreement


In the matter of;_________________________________________

Plaintiff(s)____________________________

Defendant(s)_________________________

Our signatures below serve as 100 witnesses that we the undersigned have accepted upon ourselves the following judges;

________________________, and_______________________, and__________________________

To come and judge before them the matters between us,

We confirm with this (document) that we have accepted upon ourselves to comply with the judgment that will come out of this Bais Din whether it be based on pure law or on compromise that is close to law, all will be based on the decision of a majority of the three (3) aforementioned judges. In the event of Zablah Bais Din, each side will choose their Judge and the two Judges will choose the third Judge. Bais Din does not have to record the sessions. If any of the parties  want to record the sessions, they shall notify all parties at least three days in advance.

The Bais Din should be able to explain its ruling. The Bais Din is to issue its ruling in plain English language in a timely manner within 30 days of the last session. The Bais Din may append, revise and interpret the judgment they issue.  If one of the parties does not appear before the Bais Din, the Bais Din may reach a decision without their appearance.

The power of this Arbitration Agreement is in accordance with Jewish Law Choshen Mishpat 13.  This Arbitration Agreement is valid according to the laws of the States of New York and New Jersey (in NY CPLR Article #75).  The signatories accede to the abovementioned limitations apart from the right to be represented by counsel (and aside from the rights that is impossible to give up). The signatories may represent themselves if they so choose.

The Judges shall each be paid for the hearings at an hourly rate of ______________. The amount of hearings shall  be not more than________. Each hearing shall not exceed _____hours.

This is a done deal. It annuls any claim of prior coercion. We understand all risks involved with signing this form and we accept this agreement as in keeping to other better and more productive versions of this form.  This agreement cannot be disqualified due to anything missing, added, erased or blurred.

 We made a kinyan and testify to this on date__________________



Signed:  _____________________________Dated      /       /

                                                                                          Signed:_______________________________Dated       /       /


Signed________________________________Dated      /      /

4 comments:

Anonymous said...

As per Hgaon Reb Feivel Cohen shlita one doesn't have to sign a shtarr birruim/arbitration agreement. Batei din try forcing one to sign as American law doesn't recognize or afford any authority to Batei din.
If you and your adversary are practicing Orthodox Jews you will either meditate or go to a din Torah and follow the psak.

Continued hatzlocah!

Anonymous said...

http://matzav.com/avenatti-speaks-out-after-his-arrest-on-suspicion-of-domestic-violence/#comments

See my comment entitled vee es....

Anonymous said...

Q: Should I pay for transcripts? The cost is prohibitive.

A: In Ocean County Court audio is available for $10/CD . Listen for the portion you need mark the minute and have only the excerpt you need for trial transcribed.
GHDC LLC

Anonymous said...

Record the Bais-Din sessions, don't use a stenographer.