Presentation
Creating a Space for Religious Arbitration
Cumberland Law Review ADR Symposium
(2021)
Abstract
Presents the history of the use of arbitration in the United States in a presentation-friendly format, includes information from the colonial period and the early Dutch settlers, but focuses primarily on the emergence of Jewish Dispute Resolution in New York and the increased use throughout the 20th century of Religious Jewish Arbitration (Beit Din) Courts. These were once organized under various names, including the "Jewish Court of Arbitraton" and the "Jewish Conciliation Court of America." Since 1960, these courts have been overseen in the United States by Beit Din (Beth Din) of America, and are able to exercise jurisdiction over disputes that are governed by a properly executed agreement that includes a shtar beirurin (arbitration agreement). Judgements of Batei Din are recognized by secular U.S. courts, as explained in the American Law Reports Annotation "Application, Recognition, or Consideration of Jewish Law by Courts in the United States." The Beit Din embodies the Halakhic system that requires acting lifnim mishurat hadin (beyond the letter of the law). Accordingly, although the letter of the law might dictate a certain outcome, coupling the legal outcome with an eye towards just and righteousness may allow dayyanim (Beit Din judges) to urge a more compassionate and equitable resolution.
Keywords
- Beth Din,
- Beit Din,
- Jewish,
- Orthodox,
- arbitration,
- ADR,
- New York,
- Yiddish,
- disputes,
- dispute resolution,
- Beth Din of American,
- arbitration agreement
Disciplines
Publication Date
Spring 2021
Location
Online
Citation Information
Jennifer Allison and Jonathan S. Hack. "Creating a Space for Religious Arbitration" Cumberland Law Review ADR Symposium (2021) Available at: http://works.bepress.com/jennifer_allison/107/