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
Following up on my blog post regarding Setting Aside Bais Din Agreements to Arbitrate Due to Procedural Issues, this post will focus on some more substantive issues that could
Continue Reading Duress as a Defense to Bais Din Agreements to Arbitrate
Let’s start this one with a hypothetical. A divorce action has been filed against you by your spouse. A very important court date is coming up regarding the children and
Continue Reading Setting Aside Bais Din Agreements to Arbitrate Due to Procedural Issues
Arbitrations can sometimes take on a more informal tone than an in-court proceeding. The entire vibe of the proceeding can be more relaxed; there’s usually no bailiff, nobody is wearing
Continue Reading Prohibition Against Dayanim Assuming Dual Roles in Custody Arbitrations in Bais Din