I have extensively blogged on the importance of formalizing arbitration agreements in the context of divorce or post-judgment actions in compliance with the applicable Court rules, offering technical and practical
Continue Reading New Appellate Division Decision on Importance of Arbitration Agreement Formalities: A Cautionary TaleArbitration
Compliance with Agreement to Submit to Bais Din’s Jurisdiction on the Issue of Get Not Optional, Appellate Division Rules
Recently, several decisions have been released by the Appellate Division concerning when, where, how, and when a Court compel parties to submit to the authority of the Bais Din on…
Continue Reading Compliance with Agreement to Submit to Bais Din’s Jurisdiction on the Issue of Get Not Optional, Appellate Division RulesA Tale of Two Forums: From Bais Din to the Appellate Division and then Back Again (and Again, and Again)
The recent Appellate Division decision of Litton v. Litton presents an extreme case of what happens when a litigant agrees to submit his or her dispute to arbitration in Rabbinical…
Continue Reading A Tale of Two Forums: From Bais Din to the Appellate Division and then Back Again (and Again, and Again)New Bill – A1475 – Offers a Potential Avenue for Legal Relief to Victims of Get Refusal
My recent blog post, Appellate Division Rules That A Court Cannot Compel Arbitration on Get Issue Absent Agreement, discussed the constraints faced by secular courts in the context of…
Continue Reading New Bill – A1475 – Offers a Potential Avenue for Legal Relief to Victims of Get RefusalAppellate Division Rules That A Court Cannot Compel Arbitration on Get Issue Absent Agreement
Get refusal is an issue to which secular courts have yet to find an adequate solution because of constraints implicating freedom of religion and the state’s prohibition against entanglement with…
Continue Reading Appellate Division Rules That A Court Cannot Compel Arbitration on Get Issue Absent AgreementReligious Coercion is Legal Duress
Duress has long been considered by New Jersey courts as a cognizable defense where the provision of a Get – defined as a Jewish ecclesiastical divorce – is conditioned upon a…
Continue Reading Religious Coercion is Legal DuressReflections on the New York Times’ “Why Some Hasidic Children Can’t Leave Failing Schools” and How Agreements to Arbitrate can Address Gaps in the Bais Din Process
An article recently came out in the New York Times about a dynamic that tends to unfold in the context of Bais Din proceedings, where one parent leaving the Chassidic…
Continue Reading Reflections on the New York Times’ “Why Some Hasidic Children Can’t Leave Failing Schools” and How Agreements to Arbitrate can Address Gaps in the Bais Din ProcessVacating an Arbitration Award in the Bais Din – Part II
If you missed Vacating an Arbitration Award in the Bais Din – Part I, go back and give it a read before delving into Part II, which primarily will…
Continue Reading Vacating an Arbitration Award in the Bais Din – Part IIVacating an Arbitration Award in the Bais Din – Part I
I’ve previously blogged about issues surrounding the Agreement to Arbitrate and how that may be set aside in certain circumstances. But what about a case where the Agreement to Arbitrate…
Continue Reading Vacating an Arbitration Award in the Bais Din – Part IDo Not Sign Agreement to Arbitrate Without the Advice of a Lawyer
If you learn nothing else from my blog series on Arbitrations in the Bais Din, remember this one caveat: do not sign an Agreement to Arbitrate without the advice of …
Continue Reading Do Not Sign Agreement to Arbitrate Without the Advice of a Lawyer