The Beth Din of America
Guide to Rules and Procedures
June 1997 Version
Preamble
(a) One of the purposes of the Beth Din of America is to provide a
forum where adherents of Jewish law can seek to have their disputes resolved in a manner
consistent with the rules of Jewish law (halacha) and with the recognition that
many individuals conduct commercial transactions in accordance with the commercial
standards of the secular society.
(b) These Rules of Procedure are designed to provide for a process
of dispute resolution in a Beth Din which are in consonance with the demands of Jewish law
that one diligently pursue justice, while also recognizing the values of peace and
compromise. This will be done in a manner consistent with the requirements for binding
arbitration so that the resolution will be enforceable in the civil courts of the United States of
America, and the various states therein.
Section 1.Designation of Av Beth Din; Designation of
Arbitrators (Dayanim).
(a) The Av Beth Din of the Beth Din of America shall serve as
the supervisor of the Beth Din and all of its functions. When parties initiate arbitration
or any other dispute resolution related activities, including mediation or negotiation, in
the Beth Din of America, the parties thereby appoint the Av Beth Din or his
designee as the administrator in any Beth Din proceeding or hearing.
(b) The obligations of the Av Beth Din or his designee shall
be as prescribed in these Rules. Every obligation of the Av Beth Din may be
delegated to a designee at the discretion of the Av Beth Din. In the absence of the
Av Beth Din or at his direction, the Segan (Assistant) Av Beth Din
shall function as the Av Beth Din. In the absence of the Segan Av Beth Din,
the Menahel (Director) of the Beth Din shall function as the Av Beth Din.
(c) The Av Beth Din, with the assistance of any rabbis he
shall designate, shall prepare a list of authorized arbitrators (dayanim) eligible
to hear cases. Such a list shall be divided into two categories: Those arbitrators (dayanim)
eligible to serve as arbitrators (dayanim) alone (in a panel of one arbitrator),
all of whom shall be rabbis, and those who shall be eligible to serve only on panels of
three arbitrators (dayanim), all of whom need not be rabbis, but rather may include
religiously observant individuals involved in the various professions. In every matter
heard by a panel of three arbitrators (dayanim), one panel member must be a rabbi.
(d) These Rules and any amendment thereof shall apply to every
matter presented to the Beth din for resolution and shall be provided to the parties by
the Beth Din at the time the arbitration is initiated. A copy of these Rules shall be
furnished to each of the parties seven days before any hearings are initiated.
(e) When a matter is brought to the Beth Din for resolution, the
arbitrator (dayan) or arbitrators (dayanim) shall be selected by the Av
Beth Din or his designee and shall be neutral. Any person serving as an arbitrator (dayan)
shall be subject to disqualification for the reasons specified in Section 6. The Av Bet
Din may solicit advice from the parties concerning the selection of arbitrators (dayanim),
as he feels proper.
Section 2. Jurisdiction of the Beth Din to Arbitrate.
(a) The parties shall be deemed to have made these Rules a part of
their agreement to seek arbitration (as defined below) whenever they submit their dispute
for resolution by the Beth Din.
(b) In the absence of an agreement to arbitrate which is signed by
both parties, the Beth Din shall send at the request of the claimant (unless prohibited by
the law of the jurisdiction in which the Beth Din is sitting) an invitation (hazmana)
to participate in the proceedings of the Beth Din to any person, if, in the judgment of
the Av Beth Din, that person is one who should participate in such a proceeding.
Should a person receiving an invitation (hazmana) not wish to participate in these
proceedings, and who wishes to avoid the issuance of a shtar seruv (see paragraph
(h)) one of three responses must be forthcoming from that party:
(1) That party wishes to proceed to arbitration in an alternative bet din
recognized by the Av Beth Din and this case is not one in which the Beth Din of
America was the pre-agreed forum for dispute resolution by the parties;
(2) They wish to resolve their dispute through the procedure by
which each side chooses an arbitrator, and the two chosen arbitrators agree on a third
party (referred to as zebla in Jewish law), and this case is not one in which the
Beth Din of America was the pre-agreed forum for dispute resolution by the parties; or
(3) They otherwise fall outside the jurisdictional mandate of the
Beth Din.
(c) If the litigant who is sent an invitation (hazmana)
responds by choosing option one, and a bet din is chosen that is suitable to both sides,
the Beth Din of America will withdraw from this matter.
(d) If the litigant who is sent an invitation (hazmana)
responds by choosing option one, and a bet din is chosen that is unsuitable to the
claimant, the Beth Din of America will note that fact in a letter to defendant, and
convert the proceeding to a case in which both parties have chosen option 2.
(e) If the litigant who is sent an invitation (hazmana)
chooses option 2, and they have chosen as their representative a person who -- in the
opinion of the Av Beth Din -- is authorized by Jewish law to serve as their
arbitrator, the Beth Din of America will withdraw from this matter. The Beth Din may
permit and encourage any one of its arbitrators (dayanim) to accept this case under
the zebla arrangement, although the arbitrator (dayan) in such circumstances
will not be functioning as a member of the Beth Din.
(f) If a litigant is sent an invitation (hazmana) and chooses
option 2 and chooses a representative who -- in the opinion of the Av Beth Din or
his designee -- is unsuitable to function as an arbitrator (dayan) according to
Jewish law, the Beth Din shall treat this situation as analogous to one in
which no proper response is forthcoming.
(g) If the party to whom an invitation (hazmana) is sent
responds by demonstrating facts that show that this case is outside the jurisdiction of
the Beth Din of America, the Av Beth Din shall withdraw the invitation, and so note
that fact in the record. In such cases, the proper jurisdiction of the Beth Din of America
is determined by Jewish law as well as the discretionary judgment of the Av Beth Din.
(h) If the party to whom an invitation is sent responds by claiming
that this case is outside the jurisdiction of the Beth Din of America and the Av Beth
Din determines that such a claim is incorrect, the Beth Din shall treat this matter as
one in which no proper response is forthcoming, unless this party chooses options (c) or
(e) above, or accepts the jurisdiction of the Beth Din within 30 calendar days.
(i) If no proper response is forthcoming to an invitation (hazmana)
after proper notification and the passing of 30 calander days, it is within the discretion
of the Av Beth Din to authorize the Beth Din of America to issue a shtar seruv
(a document noting that this person refuses to participate in the proceedings of the Beth
Din of America, and permitting, according to Jewish law, the claimant to seek relief in
secular court), and publicize that fact in any manner the Beth Din sees fit.
(j) When there is an agreement to arbitrate which is signed by both
parties, the provisions found in this section, in clauses (b) through (h) shall not be
applicable, and the Beth Din shall hear the matter. If, after reasonable notice, one party
refuses to attend the proceedings of the Beth Din of America in a case in which there is
an agreement to arbitrate in the Beth Din, the matter shall proceed without the
participation of that party. However, no financial award may be issued based on a default
judgment alone.
Section 3. Choice of Law
(a) In the absence of an agreement by the parties, arbitration by
the Beth Din shall take the form of compromise or settlement related to Jewish law (p'shara
krova l'din), in each case as determined by a majority of the panel designated by the
Beth Din, unless the parties in writing select an alternative Jewish law process of
resolution.
(b) The Beth Din will strive to encourage the parties to resolve
disputes according to the compromise or settlement related to Jewish law principles (p'shara
krova l'din); however, the Beth Din will hear cases either according to Jewish law as it
is understood by the arbitrators or compromise (p'shara) alone, if that is the
mandate of the parties.*
(c) The Beth Din of America accepts that Jewish law as understood
Beth Din will provide the rules of decision and rules of procedure that govern the
functioning of the Beth Din or any of its panels.
(d) In situations where the parties to a dispute explicitly adopt a
"choice of law" clause, either in the initial contract or in the arbitration
agreement, the Beth Din will accept such a choice of law clause as providing the rules of
decision governing the decision of the panel to the fullest extent permitted by Jewish
Law.
(e) In situations where the parties to a dispute explicitly or
implicitly accept the common commercial practices of any particular trade, profession, or
community -- whether it be by explicit incorporation of such standards into the initial
contract or arbitration agreement or through the implicit adoption of such common
commercial practices in this transaction -- the Beth Din will accept such common
commercial practices as providing the rules of decision governing the decision of the
panel to the fullest extent permitted by Jewish Law.
(f) Unless otherwise indicated, all references in these Rules to
"arbitration" shall refer to dispute resolution utilizing any of these
principles and the Rules set forth herein shall be applicable equally to any of these
modes of resolution.
Section 4. Initiation Under Submission.
(a) Parties to any existing dispute may commence a proceeding under
these Rules by filing with the Beth Din two (2) copies of an agreement (which shall be
executed by the parties) whereby the parties agree to arbitrate under these Rules
("Submission") . A suggested form of Submission is annexed hereto as Exhibit A.
(b) Such Submission shall contain a statement of the matter in
dispute that is to be resolved by the Beth Din. The Beth Din shall be permitted to resolve
all disputes between the litigants that in its judgement are related to the dispute
contained in the submission agreement, even if particular aspects of a dispute are not
explicitly mentioned in the submission agreement; disputes related to the matter submitted
may only be removed from the jurisdiction of the Beth Din through the explicit agreement
of the parties.
(c) The parties shall concurrently submit to the Beth Din the
appropriate administrative fee.
Section 5. Number and Selection of Arbitrators (Dayanim).
(a) If the Submission or contractual provision pursuant to which
arbitration is initiated does not specify the number of arbitrators (dayanim), the
dispute shall be heard and determined by one arbitrator (dayan) if the amount in
controversy is less than $10,000 unless the parties, by mutual agreement -- within 10
working days of submission of the matter to the Beth Din -- direct that the dispute be
heard and determined by a panel of three arbitrators (dayanim).
(b) If the amount in dispute is more than $10,000 the matter shall
be heard by a single arbitrator (dayan) unless either party -- within 10 working
days of submission of the matter to the Beth Din -- states, in writing, that he wishes for
the matter to be heard by a panel of three arbitrators (dayanim).
(c) The Av Beth Din may direct that any particular case
submitted for resolution to the Beth Din be heard by a panel of three arbitrators (dayanim).
(d) The Beth Din shall notify the parties upon the selection or
arbitrators (dayanim) by the Av Beth Din, so as to provide the parties with
a reasonable time to exercise their right to challenge the neutrality of any arbitrator (dayan),
in accordance with section 6 of these rules.
Section 6. Disclosure and Challenge Procedure.
(a) Any party may object to the appointment of any person appointed
as an arbitrator (dayan) on the grounds that such person is biased or has a
financial or personal interest in the result of the arbitration or has any past or present
relationship with the parties.
(b) A person appointed to be a arbitrator (dayan) shall
disclose in writing, which shall be confidential, to the Av Beth Din any
circumstances likely to affect impartiality, including any bias or any financial or
personal interest in the result of the arbitration or any past or present relationship
with the parties.
(c) Upon receipt of such information from such party or arbitrator (dayan)
or other source, the Av Beth Din shall communicate such information to the parties,
and, if the Av Beth Din deems it appropriate to do so, to the arbitrator (dayan)
and others. The Av Beth Din shall determine whether the arbitrator (dayan)
should be disqualified and shall inform the parties of his decision, which shall be
conclusive. However, the Av Beth Din must disqualify any arbitrator (dayan)
who has a financial interest in any matter.
Section 7. Vacancies.
(a) If any arbitrator (dayan) should resign, die, withdraw,
or refuse, be disqualified or be unable to perform his duties, the Av Beth Din may,
on proof sufficient and satisfactory to the Av Beth Din, declare the office vacant.
Any vacancy that occurs before the proceedings have been closed (Section 22) shall be
filled in accordance with Section 1(e) of these Rules, as applicable, and the matter shall
be reheard unless, in each case, the parties otherwise agree.
(b) Any vacancy that occurs after the proceedings have been closed
shall not be filled and the matter shall not be reheard unless, in each case, the parties
otherwise agree.
Section 8. Pre-Hearing Conference.
(a) At the request of all the parties or in the discretion of the Av
Beth Din a pre-hearing conference of the Av Beth Din or his designee and the
parties will be scheduled in appropriate cases to arrange for an exchange of information,
a stipulation of uncontested facts, relevant documents, witnesses to be called and any
other matters which shall expedite the arbitration proceedings.
Section 9. Time and Place.
(a) The Beth Din shall fix the time and place for each hearing. The Av
Beth Din or his designee shall notify each party thereof by registered or certified
mail or by facsimile of the same, with confirmation of receipt at least eight days in
advance, unless the parties by mutual agreement waive such notice or modify the terms
thereof.
Section 10. Record.
The Av Beth Din shall arrange for electronic recording of
every proceedings, unless all of the parties waive this right. At the request of any
party, the Av Beth Din shall arrange for a reporting service to prepare an official
transcript of such recording. The cost of such transcript, shall be prorated among the
parties ordering copies unless the parties otherwise agree and shall be paid by the
responsible parties directly to the reporting service which provides such transcription
services.
Section 11. Interpreter and Other Case of Need.
(a) All proceedings of the Beth Din shall be in English, unless the
Av Beit Din directs to the contrary, and all the parties to the proceeding consent to the
use of any other language.
(b) Upon the request of any party, the Av Beth Din shall
arrange for an interpreter to be present at the proceedings for the benefit of one or more
of the parties. The requesting party or parties shall bear the cost of such service.
(c) In situations where one of the litigants is handicapped or in
need of other assistance which facilitates the presentation to the Beth Din, the Beth Din
shall make such accommodations as needed to allow that person to present their case in a
reasonable manner.
Section 12. Representation by Counsel.
(a) Any party shall have the right to be represented by an attorney
who must be licensed to practice law in any jurisdiction in the United States and may
claim such right at any time as to any part of the arbitration that has not taken place.
If a party is represented by an attorney, all papers served on such party shall be served
on such attorney.
(b) A party that does not attend the proceedings with an attorney
shall be deemed to have waived his right to counsel for that proceeding.
Section 13. Attendance at Proceedings.
(a) All proceedings of the Beth Din shall be private unless the law
of the jurisdiction provides to the contrary. Any person having a direct interest in the
arbitration shall be entitled to attend proceedings of the Beth Din and to be represented
by an attorney who may attend and participate in the proceedings in any manner that the
principal may participate. Unless the parties otherwise agree, the Beth Din shall decide
whether any other person may attend the hearings. The Beth Din shall exclude any witness,
other than a party or their representatives, during the testimony of any other witness.
Section 14. Recess.
(a) The Beth Din may recess upon the request of any party or upon its
own initiative and shall recess when all the parties agree thereto. The Beth Din shall
reconvene upon the direction of the Av Beth Din, or when agreed to by the parties
or directed by the arbitrators hearing the matter.
Section 15. Oaths.
(a) The arbitrators (dayanim) shall not be required to take an
oath or to administer an oath to any party or witness.
Section 16. Order of Proceedings.
(a) The Beth Din may, at the beginning of the proceeding, ask for
statements clarifying the issues involved. After any such statements, the complaining
party shall present its claims, witnesses and proof. Thereafter, the defending party shall
present its defenses, witnesses and proof. All witnesses who appear before the Beth Din
shall submit to questions or other examination by the Beth Din and by the parties (or
their counsel) - The Beth Din shall have discretion to vary this procedure but shall
afford full and equal opportunity to all parties for the presentation of any material or
relevant proof.
(b) Exhibits, when offered by either party, may be received in
evidence and appropriately marked by the Beth Din.
(c) The names and addresses of all witnesses and a description of
exhibits in the order received shall be made a part of the record.
Section 17. Arbitration in the Absence of a Party.
(a) Unless the law of the jurisdiction provides to the contrary, the
arbitration may proceed in the absence of any party who, after due notice, fails either to
be present or to obtain an adjournment. An award shall not be made solely because of a
party' s default. The Beth Din shall require the party who is present to submit such
evidence as the Beth Din may require for the making of an award.
Section 18. Evidence.
(a) The parties may offer such evidence as they desire and shall
produce such additional evidence as the Beth Din may deem necessary to an understanding
and determination of the dispute. The Beth Din, when authorized by the law of the
jurisdiction to subpoena witnesses or documents, may do so upon its own initiative or upon
the request of any party. The Beth Din shall be the judge of the relevancy and materiality
of the evidence offered and conformity to legal rules of evidence shall not be necessary.
All evidence shall be taken in the presence of the entire Beth Din and the parties, except
where any party is absent because such party is in default or has waived in writing the
right to be present.
(b) The Beth Din may, on its own motion, seek testimony or
affidavits from any person whom it deems relevant to a matter: provided that such
testimony be sought in the presence of the parties, and subject to such rebuttal as the
parties deem appropriate and the Beth Din permits
(c) There shall be no ex parte communication between the arbitrators
(dayanim) and the parties, or between the arbitrators (dayanim) and any
witnesses unless the arbitration contract explicitly permits such activity.
Section 19. Evidence by Affidavit and Filing of Documents.
(a) The Beth Din shall receive the evidence of witnesses contained
in affidavits, but such affidavits will receive only such weight as the Beth Din deems
appropriate after consideration of any objections thereto.
(b) Any documents not filed with the Beth Din at the proceeding, but
which the parties agree at the proceeding or subsequently should be submitted to the Beth
Din, shall be filed with the Av Beth Din (for distribution to the entire Beth Din)
and a copy of such documents shall concurrently be delivered to each other party to the
dispute. All parties shall be afforded an opportunity to examine and submit written
comments with respect to such documents to the Av Beth Din prior to submission of
such documents to the Beth Din. Such comments shall be distributed to the Beth Din
together with such documents.
Section 20. Inspection or Investigation.
(a) Whenever the Beth Din deems it necessary or appropriate to make
an inspection or investigation in connection with the arbitration, the Beth Din shall
advise the parties of such intention. The Beth Din shall set the time and the Av Beth
Din or his designee shall notify the parties thereof. Any party who so desires may be
present at such inspection or investigation. If one or both parties are not present at the
inspection or investigation, the Beth Din shall make a verbal or written report to the
parties and afford them an opportunity to comment.
Section 21. Conservation of Property.
(a) Unless prohibited by the law of the jurisdiction, the Beth Din
may issue such orders as it may deem necessary or appropriate to preserve and safeguard
any property that is the subject matter of the arbitration without prejudice to the rights
of the parties or to the final determination of the dispute.
Section 22. Closing of Proceedings.
(a) After each of the parties has completed presenting its witnesses
and proof the Beth Din shall specifically inquire of all the parties whether they have any
further proof to offer or witnesses to be heard. Upon receiving negative replies, the Beth
Din shall declare the proceedings closed and shall record the date of such closing.
(b) If any documents or other submissions are to be filed with the
Beth Din after the taking of all testimony has been completed, the proceedings shall be
closed as of the final date set by the Beth Din for the filing of such documents or other
submissions. Absent an agreement by the parties to the contrary, the time limit within
which the Beth Din is required to make its award (Section 26) shall commence upon the
closing of the proceedings.
Section 23. Reopening of Proceedings.
(a) Before any award is made, the Beth Din upon its own motion or
upon application of a party, may reopen the proceedings at any time for taking additional
evidence or hearing additional testimony.
Section 24. Waiver of Oral Hearings.
(a) The parties may provide, by written agreement and the consent of
the Beth Din, for the waiver of oral hearings other than the first hearing. If such
hearing is waived, the parties shall agree upon an alternative procedure to be followed by
the Beth Din for receiving evidence.
Section 25. Communication with the Beth Din; Service of
Process.
(a) After the proceedings have commenced, the parties and their
counsel shall not communicate with the arbitrators (dayanim) (other than the Av
Beth Din) other than at such proceedings. Any other oral or written communications
from the parties to the arbitrators (dayanim) shall be directed to the Av Beth
Din for transmittal to the members of the Beth Din. In a case in which the Av Beth Din
is also an arbitrator (dayan), the Segan Av Beth Din shall assume the duties
normally assigned to the Av Beth Din for that case.
(b) Each party to an arbitration under these Rules shall be deemed
to have consented that any documents, notices or process necessary or appropriate to
initiate or continue arbitration under these Rules (other than notice as to the time and
place of any proceeding (Section 9)) and any court action in connection therewith or
the entry of judgement on any award made thereunder may be served upon such party by
first class mail addressed to such party at its last known address or by personal service,
within or without the state wherein the arbitration is to be held.
Section 26. Decision and Time of Award.
(a) The award must be made by at least a majority of the arbitrators
(dayanim) unless the concurrence of all the arbitrators (dayanim) is
expressly required by written agreement of the parties. The Beth Din shall make its award
promptly and, shall strive to issue every award not later than three months after the date
on which the proceedings are closed (Section 22). Extensions of this deadline may be made
at the sole discretion of the Av Beth Din.
Section 27. Form of Award.
(a) The award shall be in writing and shall be signed and affirmed
by the arbitrators (dayanim) and shall be in English. In the discretion of the
arbitrators (dayanim), a simultaneous translation into other languages can also be
issued in writing. The award shall be executed in the manner required by the law of the
jurisdiction.
Section 28. Scope of Award.
(a) The Beth Din may grant any remedy or relief that it deems just
and equitable and within the scope of the agreement of the parties, including, without
limitation, specific performance of a contract and injunctive relief. The Beth Din, in its
award, may assess arbitration fees and expenses in favor of any party and, in the event
any administrative fees or expenses are due the Beth Din, in favor of the Beth Din.
Section 29. Award upon Settlement.
(a) If the parties settle their dispute during the course of the
arbitration, the Beth Din, at the written request of the parties, may set forth the terms
of such settlement in an award, although such a settlement shall not be considered an
"award of the Beth Din."
Section 30. Delivery of Award to Parties.
(a) Parties shall accept as legal delivery of the award, personal
service of the award or a true copy thereof, or the mailing of such award or copy by
certified or registered mail, by the Beth Din addressed to such party at its last known
address. The award shall be filed in any manner which may be prescribed or permitted by
the law of the jurisdiction.
Section 31. Modification of Award.
(a) On written application of a party to the Beth Din within twenty
(20) days after delivery of the award to the applicant, the Beth Din may modify the award
if (a) there was a mathematical miscalculation; or (b) a mistake in the description of any
person, thing or property referred to in the award; or (c) the award is upon an issue not
submitted to the Beth Din and the award may be corrected without affecting the merits of
the decision upon the issues submitted; or (d) the award is imperfect in a matter of form
not affecting the merits of the controversy; or (e) the Av Beth Din determines that
a provision of the Award is contrary to Jewish Law.
(b) Copies of such application shall be concurrently served (by
personal service or registered or certified mail) upon all other parties to the arbitration.
Any party objecting to such modification shall submit written objections to the Beth Din,
with copies to all other parties to the arbitration, within 10 days of receipt of such
application. The Beth Din shall dispose of any application made under this section in
writing. Such writing shall be signed by the Av Beth Din within 40 days after the
application for modification. The parties may consent in writing to extend the time for
such disposition either before or after its expiration.
Section 32. Release of Documents for Judicial Proceedings.
(a) The Beth Din shall furnish to any party, at the prior written
request and at the expense of such party, certified copies of any papers in the Beth Din's
possession that may be required in judicial proceedings relating to the arbitration.
Section 33. Application to Court.
(a) No judicial proceedings by a party relating to the subject
matter of the arbitration shall be deemed a waiver of the party's right to arbitrate,
although the Beth Din may consider such conduct in determining its award.
(b) No arbitrators (dayan) in an arbitration proceeding under
these Rules is a necessary party to a judicial proceeding relating to such arbitration.
(c) Parties to these Rules shall be deemed to have consented that
judgment upon the arbitration award may be entered in any Federal or state court having
jurisdiction thereof.
Section 34. Fees.
(a) The Av Beth Din shall prescribe a fee schedule to
compensate the Beth Din for the cost of providing its services. The schedule in effect at
the time the arbitration is initiated shall be applicable.
(b) The administrative fee shall be advanced prorate by the parties,
subject to final apportionment by the Beth Din in the award.
(c) When a matter is withdrawn or settled, a refund may be made as
determined by the Av Beth Din.
(d) The Beth Din, in the event of extreme hardship on the part of
any party, may defer or reduce the administrative fee.
Section 35. Expenses.
(a) The expenses of counsel and witnesses for either side (other
than witnesses who appear at the direct request of the Beth Din) shall be paid by the
party producing such witnesses.
(b) All other expenses of the arbitration including the expenses of
any witness or the cost of any proof produced at the direct request of the Beth Din, shall
be borne equally by the parties, unless they agree otherwise, or unless the Beth Din, in
the award, assesses such expenses or any part thereof against any specified party or
parties.
Section 36. Deposits.
(a) The Beth Din may require the parties to deposit in advance such
sums of money as the Beth Din deems necessary to defray the expenses of the arbitration,
and in such circumstances as the Av Beth Din considers appropriate, the Beth Din
may require the posting of a performance bond . The Beth Din shall render an accounting to
the parties and return any unexpended balance.
Section 37. Waiver of Rules.
(a) Any party who proceeds with the arbitration after knowledge that
any provision or requirement of these Rules has not been complied with and fails to state
objection thereto in writing shall be deemed to have waived the right to object unless the
law in the jurisdiction or these rules provide to the contrary.
Section 38. Extension of Time.
(a) The parties may by mutual agreement modify the period of time
for any action required to be taken hereunder. The Beth Din for good cause may extend any
period of time established by these Rules, except the time for making the award. The Av
Beth Din or his designee shall notify the parties of any such extension of time and
the reason therefor.
Section 39. Interpretation and Application of Rules.
(a) The Av Beth Din shall interpret and apply these Rules insofar
as they relate to the powers of the Beth Din or any individual arbitrators (dayan).
About the Beth Din
