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Binding Arbitration agreement ignored

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Kenalp

Junior Member
What is the name of your state (only U.S. law)? NY

According to our divorce agreement, if there is any 'default' dispute about any part of the agreement, we agree to submit it to a Beth Din (Jewish religious court) for binding arbitration.

My ex instead has sued me in family court.

My question is : can I have the case thrown out because she should be bringing the case to the Beth Din? Does our agreement remove jurisdiction from the civil court system?

Any help greatly appreciated

Ken
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? NY

According to our divorce agreement, if there is any 'default' dispute about any part of the agreement, we agree to submit it to a Beth Din (Jewish religious court) for binding arbitration.

My ex instead has sued me in family court.

My question is : can I have the case thrown out because she should be bringing the case to the Beth Din? Does our agreement remove jurisdiction from the civil court system?

Any help greatly appreciated

Ken
You can try, but I am not sure that you can remove jurisidiction from the state by agreement. That may have been an unenforceable provision.
 

You Are Guilty

Senior Member
"Can" such an agreement to arbitrate be binding? Absolutely.

Is yours? No way to tell without reading the entire document and determining the process by which it was entered into.

However, there's no reason not to file a motion in Family Court to try an get the case removed to arb.
 

LdiJ

Senior Member
"Can" such an agreement to arbitrate be binding? Absolutely.

Is yours? No way to tell without reading the entire document and determining the process by which it was entered into.

However, there's no reason not to file a motion in Family Court to try an get the case removed to arb.
My concern isn't with the idea of arbitration itself, but by the fact that its arbitration in a religious court. That honestly may not be enforceable.
 

You Are Guilty

Senior Member
If it's a bona fide arb program, the state can't discriminate against it (i.e. not enforce the provision) merely because it's religiously affiliated. But a lot hinges on the wording of the provision.
 

Kenalp

Junior Member
Thanks- Here is the exact wording:

'If either person shall default in the performance of the terms and conditions of any paragraph of this agreement,and if direct negotiation fails to resolve the conflict, the parties agree agree to submit the question to the Bais Din of... for binding arbitration'

Notwithstanding this, my ex has taken me to civil court. Is the above grounds for dismissal from Civil Court remanding it to the Bais Din

Thanks for the help

Ken
 

LdiJ

Senior Member
'If either person shall default in the performance of the terms and conditions of any paragraph of this agreement,and if direct negotiation fails to resolve the conflict, the parties agree agree to submit the question to the Bais Din of... for binding arbitration'

Notwithstanding this, my ex has taken me to civil court. Is the above grounds for dismissal from Civil Court remanding it to the Bais Din

Thanks for the help

Ken
Again, as someone else pointed out if its a bona fide arb program, you can enforce that provision. If its not, and you simply agreed to agree to a religious court handling conflicts, it might not be enforceable.

When binding arbitration is agreed upon its assumed that the arbitrators will follow the law of the land. A religious court may not follow the law of the land.

Take your paperwork and get a consult with a local attorney. You don't necessarily have to retain one, but paying for an hour of a local attorney's time may get you a better answer regarding whether or not the arbitration is enforceable.
 

Farfalla

Member
'If either person shall default in the performance of the terms and conditions of any paragraph of this agreement,and if direct negotiation fails to resolve the conflict, the parties agree agree to submit the question to the Bais Din of... for binding arbitration'

Notwithstanding this, my ex has taken me to civil court. Is the above grounds for dismissal from Civil Court remanding it to the Bais Din

Thanks for the help

Ken
What part of the agreement is she fighting?
 

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