QUESTION
What to do if Arbitration Agreement is lost?
Asked on Dec 11th, 2013 on Civil Litigation - New York
More details to this question:
Before a Rabbbiniacl Court of three Rabbi/Judges will hear a case, they explain that they serve as an arbitration panel and that the plaitif and the defendant read and sign an binding Arbitration Agreement. The case then proceeeds and eventually a decesion of the majority is rendered. This is written up and presented to both parties. If the plaitif is awared funds, he hires an attorney that files the judgment and the Arbitration Agreemnet with the court. This begins a process that eventually allows for the funds to be collected. The Arbitration Agreement was lost. What can be done?
1 ANSWER
I am assuming that the agreement was lost before the beth din issued a hazmoneh. If the beth din had already seen the arbitration agreement before it was lost, it shouldn't present too much of a problem.
Does the other party deny that there was an agreement to arbitrate? If not, it shouldn't be a problem, you can even execute a new agreement to arbitrate before the beth din if necessary. If the other party does deny that there was an arbitration agreement, however, and refuses to appear before the beth din, you will probably have to sue in secular court.
Answered on Dec 11th, 2013 at 4:47 PM