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 Rules
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)
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 Refusal
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 Agreement
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 Duress
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 Process
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 II
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 I
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
In a prior blog post, Setting Aside Bais Din Agreements to Arbitrate Due to Procedural Issues, I discussed the absolute necessity of the Umpire/Arbitrator’s Disclosure and the fact that
Continue Reading Arbitration Questionnaire Versus Umpire/Arbitrator’s Disclosure