Rules & Procedures

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Below are the rules and procedures for opening a case and seeking resolution. All parties seeking arbitration for dispute resolution before the Bet Din are deemed to have made these Rules and Procedures part of their agreement.

General Approach & Oversight

The Bet Din functions according to Jewish law as understood by the Bet Din in determining the Rules and Procedures of the Din Torah process.

The Nasi (president) of the Bet Din oversees the proper implementation of the Rules and Procedures in all matters of the Bet Din‘s activities to ensure that all parties receive equal and full opportunity to resolve the disputed matter as below. He may also appoint the Director and his associates to function on his behalf.

Jurisdiction

1. Submitting a dispute incorporates these Rules into the parties’ arbitration agreement.
2. Proceedings commence regarding existing disputes upon executing a standard Submission Agreement and paying the administrative fee. The Submission empowers the Bet Din to resolve all related disputes between the litigants; such jurisdiction may only be restricted by explicit mutual agreement.

The Hazmana Process(Sending a Summons)

Sending a Hazmana

1. Upon opening a case, if both parties are not approaching the Bet Din together, the Bet Din sends a summons, a Hazmana, to the defendant instructing him to appear before the Bet Din to resolve the matter at hand at a proposed date, time, and location or to respond with his availability to schedule.

Responding to a Hazmana

1. Upon receiving a Hazmana, the defendant has ten business days to respond.
2. Valid responses include:
   • Agreeing to the proposed arbitration forum and participating in the scheduling of a hearing date,
   • or disclosing pursuit of dispute resolution via another Bet Din that is deemed competent by Meorot HaMishpat. This option is not valid if the Bet Din is already the agreed upon forum for dispute resolution between the parties.
   • Demonstrating that this matter is outside the jurisdiction of the Bet Din as determined by Jewish law and the discretionary judgement of the Nasi.
3. If the defendant accepts the Hazmana, the Bet Din will schedule a hearing and circulate a binding arbitration agreement for both parties to sign.
4. If the defendant proposes to resolve the dispute in a different Bet Din, note competent Batei Din include but are not limited to: The Beth Din of America, Badatz Mekor Haim of Queens, VHQ Beis Din, and Bais HaVaad. If the proposed alternative forum is not deemed competent to the Bet Din, the defendant will be sent notice of such and the Bet Din will consider it as if the response was not satisfactory.
5. If the defendant proposes an alternative Bet Din, the claimant has the option to accept or deny the proposal. If he accepts, the case will be transferred to the proposed Bet Din. If he denies, the case is converted to a Zabla, in which each party selects a Dayan (also known as a Borer ) to represent it objectively, and the two Dayanim then select a third Dayan to sit with them. At that point, the Bet Din Meorot HaMishpat would no longer be involved in the proceedings, as it is difficult to guarantee procedural integrity and fairness in a Zabla proceeding.
6. Failure to respond to a Hazmana in a timely fashion or with a satisfactory response (see above) may result in another Hazmana, potentially lead to a Heter Arkaot  – permission to go to secular court – and a Siruv declaring the party uncooperative. The Nasi of the Bet Din will determine the right time and manner to proceed with each of these matters, including publicizing the matter in any way it see fit.

Communicating with the Bet Din

1. All communications between parties and the Bet Din must be made via email with all involved parties. Ex parte communication between the parties and the Dayanim or the witnesses and the Dayanim will not be tolerated. The Director of the Bet Din shall serve as the point person for communications to be relayed between the parties and the panel.

The Dayan (judge or arbitrator)

1. The Bet Din will provide Dayanim (judges/arbitrators) from its list of approved Dayanim.
2. All Dayanim who sit on monetary cases are competent in dealing with them according to Jewish law. They reserve the right to discuss anonymized details of the case with professionals in the field of business the dispute is based in for further context and understanding with care and sensitivity.
3. Small claims are heard by a single Dayan (judge/arbitrator). Claims larger than $20,000 are heard by three Dayanim. If the parties request a single Dayan for a large claims case or a panel of three Dayanim for a small claims case, their request will be respected.
4. The parties will be notified of the identity of the chosen Dayan within a reasonable time prior to the hearing to allow them to accept or challenge the neutrality of any of the chosen Dayanim. The chosen Dayanim must also disclose any conflict of interest in serving as an arbitrator for the parties. Any Dayan found to be unfit due to concerns of potential conflict of interest or lack of impartiality will be replaced by the Bet Din.
5. Should a Dayan become unable to perform his responsibilities before the conclusion of the proceedings and delivery of the Pesak for whatever reason, such as but not limited to resignation, refusal, or death, the Nasi will declare his position vacant and fill it with another capable Dayan. At that point, it will be determined to what extent the hearing needs to be repeated if at all.

The Din Torah (hearing)

Presence, Language, and Media

1. Hearings can take place in person in the Bet Din or via secure video conference, as per the discretion of the Bet Din.
2. If one of the litigants is unable to participate or present in the proceedings due to a disability, the Bet Din will make reasonable accommodations to facilitate as needed.
3. All hearings are recorded and kept confidentially for internal records.
4. All proceedings are in English or Hebrew (or both if necessary),as per the preferences of the litigants and the direction of the Dayanim. If an interpreter is needed, the Bet Din can arrange for it at the expense of the requesting party or parties, who will bear the cost of the service.
5. At the request of the parties or the direction of the Nasi, a pre-hearing conference shall be scheduled via video conference to mandate evidence exchanges, stipulate to uncontested facts, and streamline the proceeding.

Time & Location

1. The Bet Din shall schedule all hearings, providing at least eight (8) days’ notice via email unless waived by mutual written consent.
2. Hearings may be conducted, and evidence presented, via video conferencing or alternate secure digital communication platforms.
3. For emergency or provisional relief applications, the Nasi may convene an expedited panel, requiring a minimum of two (2) business days’ electronic notice and an opportunity to respond.

Protocol and Decorum

1. Order and Address: A Din Torah is a formal proceeding. All participants, including parties, counsel, and witnesses, must speak only when recognized by the Beth Din and must address all statements and arguments directly to the Dayanim (judges), unless otherwise authorized by the Beth Din.
2. Conduct and Dignity: The Beth Din expects all participants to maintain the high standards of dignity, decorum, and mutual respect required by Torah principles. Disruptive, abusive, or non-cooperative conduct during a hearing is strictly prohibited.
3. Procedural Recourse: In the event of disruptive behavior, the Beth Din reserves the right to recess the hearing, exclude the disruptive individual, or, after issuing a formal warning on the record, proceed with the hearing in that party’s absence.
4. Professional Dress Code: All parties, counsel, and witnesses shall dress in professional business attire, or equivalent respectful and modest clothing, consistent with the dignity of a formal legal and rabbinical proceeding. The Beth Din reserves the right to require any participant whose attire is substantially disruptive or highly inappropriate for a formal tribunal to remedy their attire before participating in the hearing.

What happens at the hearing

1. Each hearing begins with the Dayanim introducing themselves and disclosing any conflicts of interest.
2. The Dayanim will hear and question both sides. The claimant presents his claims, evidence, and witness testimony, and then the defendant presents his defense, evidence, and witnesses. The parties go back and forth until all claims and evidence are exhausted.
3. Each party must remain silent while the other side presents its arguments. A respectful, mature decorum is demanded of all parties. Each party will have a chance to respond when the other party finishes making its claims. The Dayanim will make sure that each party is fully heard but may also pause one party and ask the other party to speak before allowing the first party to continue.
4. A small claims hearing usually takes an hour or two in a single hearing, with each party presenting its arguments and evidence until all claims are exhausted. Afterwards, the Dayanim dismiss the litigants and convene privately to discuss. A Pesak (judgement) is written and sent to the parties within two weeks of the hearing, barring any holidays in between.

Counterclaims

1. The defendant may present counterclaims, and the Bet Din will weigh whether or not they are relevant to the issue at hand or would require their own separate hearing.

Legal and Rabbinic Counsel / Advocate

1. The Bet Din does not and cannot provide parties with legal counsel. Each party may bring an attorney licensed to practice law in the United States to help present its case. Out-of-state attorneys are required to comply with local multi-jurisdictional practice rules.
2. The Bet Din reserves the right to exclude attorneys who do not behave respectfully or with integrity from participating.
3. The Bet Din does not discriminate against attorneys based on gender or religion. The role of the attorney is to assist the litigant in presenting a clear argument and not miss any critical details, not to decide the Halacha.
4. A party that attends the proceedings without an attorney shall be deemed to have waived his right to counsel for that proceeding.
5. To preserve the integrity of the Halachic dispute resolution process, the Bet Din does not allow parties to bring a To’en Rabbani (rabbinic advocate).

Attendance & Confidentiality

1. All proceedings shall remain private and confidential. Parties and their legal counsel retain an absolute right to attend all hearings.
2. The Bet Din retains exclusive discretion over third-party attendance and shall sequester all non-party witnesses during the testimony of others.

Failure to Appear

1. If one party refuses to attend the proceedings once there is a signed agreement to arbitrate in the Bet Din, then, after reasonable notice, the proceedings will continue regardless of that party’s lack of participation.
2. The recording from the hearing will be sent to the absent party with an invitation to appear before the Bet Din to present his case.
3. If the party fails to appear before the Bet Din to present his side within seven days of the hearing, the Bet Din will issue a judgement based on the merits of the claim and pertinent and material evidence presented.

Witness Testimony & Evidence

1. Witnesses may appear to give testimony but not attend the rest of the hearing.
2. The Bet Din and all parties retain the right to cross-examine any witness. The panel may modify this sequence provided all parties receive a full and equal opportunity to present material proof.
3. All exhibits shall be officially marked, and the names, addresses, and sequence of all witnesses shall be incorporated into the electronic record.
4. Either party or the Bet Din may present witnesses and evidence.
5. Evidence may be submitted electronically to the Bet Din with both parties included on the email before or after the hearing and/or during the hearing with copies for both sides and each Dayan. In the event a party fails to appear and the hearing is taking place despite his absence (as described above), the Bet Din will ensure that the evidence is relayed in full to the absent party, as well.
6. Of its own initiative or by request of either party, the Bet Din may subpoena witnesses or documents it deems relevant to the proceedings.
7. Additional evidence or affidavits may be sent to the Bet Din with both parties included. All parties will have the opportunity to examine and question any post hearing submissions electronically before the records are submitted to the Dayanim.

Inspection or Investigation

1. The Bet Din may conduct independent physical inspections or investigations, providing advance electronic notice to permit party attendance.
2. If a party is absent during an inspection, the Bet Din shall issue a report and afford all parties an opportunity to submit written email comments.

Conservation of Property

1. Unless prohibited by the law of the jurisdiction, the Bet 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.

Oaths

1. Dayanim shall not be required to take an oath or to administer an oath to any party or witness.

Recess

1. The Bet Din may grant a recess upon its own initiative or the reasonable request of a party, and shall do so upon the mutual written agreement of all parties.

Closing and Reopening of the Proceedings

1. Upon confirmation that neither party has further evidence or witnesses to present, the Bet Din shall officially declare and record the proceedings closed.
2. The proceedings shall close on the final filing deadline set by the Bet Din . The contractual time limit for issuing the final award shall commence immediately upon the official closing date.
3. If the proceedings are reopened, the contractual time limit for making the award shall be reset and shall commence from the closing date of the reopened proceedings.

The Pesak (Decision)

Methodology:

1. The Bet Din will rule based on Din (strict Torah law) or Peshara, a court-imposed or mediated settlement that aims for a fair and reasonable outcome, based on what Yosher (integrity) dictates. For more details, see here and here.
2. Jewish law sometimes incorporates common business practices and civil law by function of Minhag HaSochrim and Dina DeMalchuta Dina.

Timing and Delivery

1. Timing: After the hearing, the Dayan will have two weeks to render a decision, barring unforeseen circumstances or upcoming holidays. Extensions can be granted to the Dayanim at the discretion of the Nasi.
2. Delivery: Decisions are delivered via email and, if requested by the parties, physical mail.

Fairness

1. Cases are not decided based on religious levels of the parties, financial or social status, or gender.
2. Non disclosure and confidentiality: All communications are kept confidential within the Badatz Meorot HaMishpat and its consultants. That does not bar the Bet Din from including both parties on emails sent without from one without including the other. The Bet Din itself does not disclose details of its cases or parties that seek its services to the public. We may anonymize the pesak by changing minor details and removing all names should we decide to publish it in a Torah publication or on our website as a sample of our work.
3. Review: All rulings and verdicts are subject to review by the Nasi of the Bet Din.

Legally Binding

1. The Bet Din‘s awards are legally binding and enforceable in civil court as per federal arbitration law.

Scope of Relief and Interim Awards

1. The Bet Din may award any just and equitable relief, including specific performance, injunctive remedies, and the allocation of attorneys’ fees and arbitration costs.
2. In addition to the final award, the Dayanim retain absolute authority to issue interim, partial, or provisional orders throughout the proceedings.

Form and Execution of the Award

1. The final award shall be rendered in writing, signed and affirmed by the Dayanim, and executed in accordance with local jurisdictional law.
2. The authoritative language of the award shall be English or Hebrew. The Dayanim retain absolute discretion to issue simultaneous written translations into other languages.
3. Signatures of the Dayanim and any notary acknowledgments may be executed electronically, provided they utilize a secure, commercially accepted digital signature platform that generates a verifiable cryptographic audit trail.

Delivery and Filing of the Award

1. The final award shall be delivered to the parties via email transmission in accordance with the service rules of these procedures.
2. The award may be filed, registered, or confirmed with any judicial court of competent jurisdiction in the manner prescribed by local law.

Modification of the Award

1. Within twenty (20) days of award delivery, a party may submit a written email application to modify the award. Modification is strictly limited to:
   • Mathematical miscalculations or formal defects.
   • Incorrect descriptions of any person, place, or property.
   • Rulings on matters not submitted to the Bet Din .
   • Provisions determined by the Nasi to contradict Jewish Law.
2. All modification briefs and responses shall be served concurrently via email. The review schedule shall proceed strictly as follows:
   • Objections: Filed within ten (10) days of the application.
   • Reply: Filed within ten (10) days of the objections.
   • Sur-Reply: Filed within ten (10) days of the reply.
3. The Bet Din shall issue its final disposition in writing via email, striving to do so within forty (40) days of the final submission.

Court Applications, Entry of Judgment, and Immunity

1. Seeking provisional remedies or emergency interim relief from a civil court shall not waive a party’s right to arbitrate the underlying dispute before the Bet Din .
2. No arbitrator or administrator of the Bet Din shall be named as a necessary or proper party in any subsequent judicial proceeding relating to the arbitration.
3. The parties explicitly consent that a judgment upon any final, interim, or partial award rendered by the Bet Din may be entered by any federal or state court possessing competent jurisdiction.
4. Neither the Bet Din nor its arbitrators shall be liable to any party for monetary damages or equitable relief for any act or omission arising from the arbitration proceedings

Arbitration Fees, Defaults, and Reimbursement Awards

1. The Director shall establish the applicable fee schedule. Arbitration fees shall be advanced equally by the parties, subject to final apportionment by the Dayanim in the final award.
2. The Director may, in his absolute discretion, authorize fee refunds for settled or withdrawn matters, or reduce or defer fees in cases of demonstrated extreme hardship.
3. Upon a party’s failure to pay required fees, the Director may suspend or terminate the proceedings. Any non-defaulting party may advance the unpaid fees via email notification to resume the arbitration.
4. A party advancing funds on behalf of a defaulting party may apply via email for an immediate reimbursement order. Objections must be submitted via email within ten (10) days of the application.
5. The Director or his designee may issue a separate, enforceable interim award for reimbursement without an oral hearing. This interim award is exempt from the final award time constraints outlined above but must be executed in accordance with the electronic signature and formal writing rules of these Rules and Procedures.

Expenses and Counsel Fees

1. Each party shall bear its own counsel and witness fees. All administrative expenses incurred at the direct request of the Bet Din shall be borne equally by the parties.
2. The allocation of expenses may be modified by mutual written agreement of the parties, or adjusted by the Dayanim in the final award.

Deposits and Performance Bonds

1. The Bet Din may require the advance deposit of funds to cover estimated arbitration expenses. In his absolute discretion, the Director may require a party to post a secure performance bond.
2. Upon the conclusion of the proceedings, the Director shall render a written accounting and return any unexpended balances to the parties.

Waiver of Procedural Objections

Any party who proceeds with the arbitration despite knowing that a provision of these Rules has been violated, and fails to submit a written email objection immediately, shall be deemed to have waived their right to object under civil law.

Extension of Time Constraints

The parties may by mutual agreement modify any time limit established herein. For good cause, the Nasi may extend any deadline, provided that any extension of the time limit for issuing the final award strictly complies with the parameters above.

Interpretation of Rules

The Nasi retains exclusive and final authority to interpret and apply these Rules insofar as they relate to the powers of the Bet Din or its individual Dayanim.

Service of Notices and Process

1. Each party consents that all documents, notices, awards, or process required to initiate or continue arbitration, or to enforce any resulting award in court, may be served via email transmission to the party or its designated representative.
2. Duty to Maintain Active Coordinates: Each party bears an ongoing obligation to maintain an active, monitored email address for the duration of the arbitration and any related judicial proceedings. Any change to a party’s designated email address must be communicated to the Bet Din and all opposing parties in writing within forty-eight (48) hours of the change.
3. Deemed Receipt: Service by email shall be legally deemed complete and effective upon transmission by the sender. The failure of a party to review their electronic inbox, or the diversion of a notice to a spam or junk filter, shall not invalidate proper service.

Release of Records for Judicial Proceedings

1. Upon a party’s written email request and prepayment of administrative expenses, the Bet Din shall furnish certified electronic copies of any records in its possession required for judicial proceedings relating to the arbitration.

Credit

These rules and procedures have been adapted in substantial part from the Rules and Procedures of the Beth Din of America that are available at www.bethdin.org and Beth Din Zedek of the Chicago Rabbinical Council available at crcbethdin.org. We wish to express our appreciation to the Beth Din of America and Beth Din Zedek of the Chicago Rabbinical Council for allowing the Badatz Meorot HaMishpat to adapt its Rules and Procedures for the benefit of the Sephardic community.

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