Friday, June 27, 2014

Rav Shlomo Zalman Kaufman's Contract of Arbitration: Is it Arbitration or Beroorin? or Neither?

Contract of Arbitration
We the undersigned hereby irrevocably and unconditionally submit to Arbitration all the controversies including claims and counterclaims between the undersigned parties including but not limited to the following:
Dissolution of their marriage Divorce , Get, custody, visitation, division of assets alimony, monetary issues ,property settlement, debts, maintenance, education of children, child support any and all other issues The Husband agrees to give a Get and the wife agrees to accept a Get if so requested by the Rabbinical Court
1. The arbitration shall be heard and determined by the rabbinical court of Rabbi Shlomo Zalman Kaufman
2. It is agreed that 50 % of the arbitration fees and or /expenses shall be paid by each party to the controversy.
3. The Arbitration shall make their award based on Din Torah, compromise, settlement what is just and proper or any other way they wish to reach a decision .The Arbitration shall take place pursuant to any procedure the members of the Arbitration panel may decide.
4.No transcripts of the proceedings need be made unless the arbitrator …parties to request to hires a stenographer or minute taker whose cost be paid by the parties
5. Hearings may be held on Sundays and other legal holidays. the award or decision/s shall be in writing and shall be signed by the majority of the arbitrating panel and need not be acknowledged or notarized to be confirmed or enforced.
6. In the event that one arbitrator resigns or refuses to continue or is incapacitated and cannot continue refuses to for any reason the remaining two Arbitrators may elect to continue the proceedings and have the same powers and authority.
7.The parties herby hold harmless and release the members of the arbitration of liability for any act or omission whatsoever in connection with this arbitration or otherwise or the imposition upon the members of the arbitration panel of any or expense for any reason the parties herby release the members of the arbitration panel from any such obligation or with respect to any third person and shall severally defend and indemnify the Rabbinical court of Rabbi Kaufman against any claim made against Rabbi Kaufman's Rabbinical court by any person arising thereof and to fund or pay any such fee cost or expense in a timely fashion.
8. Each party has the right to be represented by an attorney and /or rabbinical counsel (to’en) in the arbitration at any time, but any part may elect to proceed without an attorney or to’en and argue for themselves before the arbitration Panel and by doing so they waive any claims whatsoever base on that election.
9. The members of the Arbitration panel shall make all reasonable efforts to accommodate the parties and counsel with regard to scheduling but their decision regarding the times, dates and location shall be final.
10. The parties waive the right to any specific form of notice of the time and place of the arbitration proceedings and notice for any purpose shall be given in the manner most reasonable and practical under the circumstances’.
11. The Arbitrators exclusive jurisdiction over the Arbitration shall and does continue until after their final decision or award is issued and all issues have been resolved and complied with to the understanding and complete satisfaction of the Arbitration Panel.
12. The Arbitration panel need not disclose to the parties or to anyone else the halachic legal, factual or other basis for their award and the parties herby waive any right to seek, demand or compel disclosure thereof as they otherwise may have.
13. The Parties shall abide by and perform any interim or final award rendered by the members of the members of the arbitration which shall be enforceable in any court of competent jurisdiction ,except and not withstanding anything herein to the contrary as provided in the agreement which language will prevail.
14. The parties agreed that the arbitrators shall have the right to hear testimony and evidence without the presence of the party if the party doesn’t attend a scheduled hearing.
15. The Parties waive personal service of process in connection with confirmation or enforcement proceedings .Service shall be sufficient if mailed via regular or via certified mail return receipt requested to the parties at their last known address.
16. The Arbitrators shall not be required to take oath or administer on oath for any witness or party at the hearing.
17. The members of the panel may not be appealed or otherwise submitted for review other than for purposes of enforcement in any tribunal court of other forum, whether religious or civil ,whatsoever. The foregoing constitutes a complete waiver of any legal or halachic right of the parties may otherwise have to proceed in any other such forum regarding adjudication of the disputes.
18 .The parties have agreed that the decisions of the panel are final, binding and not appealable, provided, If in violation of any agreement Party initiates a proceeding in a Bais din tribunal or court whatsoever whether religious or civil purporting to open ,invalidate ,modify or nullify the award in any ground whatsoever including but not limited to due to acclaim of the discovery of new evidence or a procedural or other flaw error or irregularity the party shall pay all legal costs as well as full arbitrators for any expenses incurred by any other party as well as the legal expenses of the arbitrators plus their full Arbitrator fees and expenses regardless the outcome of such proceedings The parties agree that Arbitrators shall have sole jurisdiction on all matters to the extent permitted .
19. Each arbitrator and counsel for Rabbi Kaufman shall have the same common law immunity as a judge has from suits for damages or equitable relief and from compulsory process to testify or produce evidence based on or concerning any action, statement or communication in or concerning his service pursuant to this Arbitration Contract as well as privileges and immunities provided under state law.
20. If notwithstanding the foregoing any party brings an action against any Arbitrator or Rabbi Kaufman's counselor any Rabbinic adviser or naming the same as a party is in violation of that immunity regardless of the theory of recovery under which action may be brought such party shall be liable for and shall indemnify such arbitrator Rabbi Kaufman’s adviser for any liabilities costs and expenses including Attorneys and lost professional time that may be incurred in resisting that effort or as a result of that action.
21.No party may depose call as a witness seek testimony or subpoena any arbitrator or rabbinical adviser or their respective counsel or Rabbi Kaufman’s counsel in any legal or Judaic administrative proceeding of any kind including but not limited to the arbitration for any reason whatsoever nor may any party seek to obtain through any method whatsoever including without limitation to produce any…..or documents related to the arbitration or rabbinical advisers services If any party attempts to compel such testimony or production such party shall be liable for and shall indemnify persons for any liabilities costs and expenses including attorneys fees and lost professional time The forgoing provisions are intended and agreed to be for the sole benefit the respective arbitrators and rabbinical advisers and their respective counsel for employment in their discretion and no party is entitled to rely on them for any purpose or is intended to be a third party beneficiary of them.
22 .no party shall by signing the contract of arbitration have waived or restricted impaired or amended any right or privilege set forth in any other contract or the agreement to which such party including the arbitration panel and counsel for Rabbi Kaufman be otherwise entitled under halacha or at law ……except with regard with adjudication of the disputes besides the arbitration named heroin and their respective counsel and as specified Rabbi Kaufman’s counsel as well as the rabbinic advisers and their respective counsel there are no intended beneficiary thereof nor may any others besides the arbitrators named heroin Rabbi Kaufman’s counsel or the rabbinical advisers and their respective counsel seek to endorse the terms of this contract of arbitration for their behalf and no other person not a signatory to this Contract of arbitration is intended to be nor shall any person be deemed to be a third party beneficiary hereto or hereof
23. The Arbitrators shall have full and final jurisdiction with respect to any questions regarding the interpretation of this contract of arbitration and their rulings .Notwithstanding the forgoing if any terms or provisions of this contract of arbitration should be held by a court of competent jurisdiction to contrary ….under the law of any particular jurisdiction such ruling shall not affect the validity thereof in any other jurisdiction nor shall such determination affect or impair the other terms or provisions thereof .
24. The parties submit themselves to the personal jurisdiction of the courts of the state of New York or New Jersey or any other competent court of jurisdiction for any action or proceeding to confirm or enforce a DECREE of the Arbitrators.
25.The parties bind themselves from this very moment and onwards to all the terms and provisions of the paragraphs set forth above and full complete content of this contract of arbitration with total awareness under the doctrines’ of Bais din chasuv Ofen Hamoiel lo kiasmacta Udloi k tufsa Dishtara Hakol shorer vikayom .
26. No condition or provisions of the Contract of Arbitration Shall be Invalid under the doctrine of Tnai Kaful or any other Halachic ground all of which are hereby waived.
27. Contract shall be valid and binding if signed in counterparts. 28. The parties acknowledge that they understand and comprehend all terminology used heroin or have been given a full opportunity to seek independent explanation thereof as well as to obtain review of any provision or term hereof by independent counsel rabbinic guide or other qualified person
We understand and agree to all the above.
Dated ______ Signature_________ Signature____________
Dated_______ Signature __________Signature______________

25 comments :

  1. Paragraph 8 is problematic under NYS (and prob most state) law.

    Most of the contract is written to protect the bet din. Don't blame them.

    No discussion of discovery or waiver of attorney client privilege, or subpoena other witnesses. No requirement to attempt slalom bayit / marriage counseling, at request of either party.

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  2. Who uses Rav Shlomo Zalman Kaufman's beis din, for what purpose and why is anyone forced to use his B"D as opposed to choosing another?

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  3. Nonsense! You can't waive the right to an attorney--meaning that you can change your mind at any point in the proceeding and bring along an attorney for the remainder of the proceeding. But if you go forward without an attorney, you are deemed to have waived the right to counsel.

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  4. The problem is that this is not real Arbitration, for instance Say Impartiality Concept, Duty to Disclose Interests and Relationships: The
    Revised Code subjects all arbitrators, whether serving as neutral
    arbitrators or non-neutral arbitrators, to the same obligation to
    disclose interests or relationships likely to affect impartiality or
    which might create an appearance of partiality.
    Yet Rabbi Kaufman Court has involved it self recently in the case of Abraham and His Sefer Against the new Targum In the matter of Oz Vi HAdar Publishing, even though the owner of Oz Hadar Rabbi Leifer Is also the Director of the assorted Monsey Mikvaos and He Rabbi Leifer just Appointed Rabbi Kaufman to be on the BOARD of the Mikvas one year ago !
    Yet Rabbi Kaufman's Bais din Issued a eekool against rabbi Abraham's new book about OzVihadar !
    Hows that for Impartiality? They should recuse themselves !

    So its definitely not Arbitration!

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  5. Arbitration Etiics;Throughout all stages of the proceeding, arbitrators and mediators should
    conduct themselves in a manner that is fair to all parties and should
    not be swayed or influenced by outside pressure, by fear of criticism,
    or by self-interest.

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  6. 26. 'No condition or provisions of the Contract of Arbitration Shall be Invalid under the doctrine of Tnai Kaful or any other Halachic ground all of which are hereby waived.'
    So if we agree to: Not follow the Halacha Why are we in Bais Din?

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  7. Eexactly my point. (Perhaps not clear enough.)

    Note, there's one (somewhat) prominent bet din that officially allows attorneys (never toanim) but will hold it against a party that comes with as n attorney. The problem is that no one does anything about it.

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  8. owner of Oz Hadar Rabbi Leifer [ ]


    Rabbi Leifer just Appointed Rabbi Kaufman to be on the BOARD of the Mikvas one year ago !

    Yet Rabbi Kaufman's Bais din Issued a eekool against rabbi Abraham's new book about OzVihadar !




    Very valid point. Kaufman is known as a big joke. He also worked well with Mendel Epstein!

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  9. article 25..The parties bind themselves from this very moment and onwards to all the terms and provisions of the paragraphs set forth above and full complete content of this contract of arbitration with
    total awareness under the doctrines’ of Bais din Chushuv .......etc
    I know of a sweet Couple Husband is a magid Shiur Mesifta level ,11 kids Marriage fell on some hard times ,wife came uner influence of Freind decided to leave .. but was still considering to maybe go back her family and husband is devastated, The ususpecting husband agreed to talk i over by a bais din ,Thinking that of course they will order counseling/Shalom so he signed The Arbitration document with out reading it , after all we are talking about this 'prominent Bais din' sponsored by an old well known community in monsey !
    After a few people told him that he went to the wrong place he realized it was a mistake, primarily because There will never be a serous atemt for Shalom he must get out , Its Too Late! ,He already signed!! and there is NO Recourse!
    He was advised not to antagonise the "COURT" and just to proceed because his life is now controlled by that bais din . ALL negotiations! Shalom???Get Alimony custody ,child support, education of yeshivas /schools ,all matters controled now by a uncaring arbitration bais din. So he must now be smart and fully cooperate to get himself anf family a better "deal"
    Like he fell into a deep Boir Pit and cannot be rescued!! Hashem Yirachem.

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  10. The Followeing is a partial List of problems with this Document:

    Number 3:
    3. The Arbitration shall make their award based on Din Torah, compromise, settlement what is just and proper or any other way they wish to reach a decision .
    Any other way? What does that mean I thought Bais Din only uses Halacha as basis for their Psak?? Is there "another 'way ? ??
    Does this mean the Arbitrators don't need have have a halachic basis for the psak?
    Does this mean that the Dayan doesn't even have to bother to figure out the details of the case and yet can still issue a"Psak"??? according to 'another way'??
    And you are obligated to follow and it is enforceable !!!

    If So why go to a bais din at all? You may just as well ask your Postman and your Grocery-man together with (why not! no Halacha ) even the lady across the street !!
    Who knows they may really delve into the subject matter and come out with a Honest and fair resolution!!
    This Document is fundamentally Mufrach Minai Ubey!!

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  11. you can always nix an arbitration or any concession you make when it was signed under pressure. and you can always argue that the threat to withhold a get is pressure.

    therefore, I suppose you can never override us law with a beith din, except if both parties volontarily stick to the agreement. but there is no such thing as legal security in anything but a regular court ruling...

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  12. How about flipping a coin?
    Heads, finds for the plaintiff. Tails, finds for the defendant.

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  13. Most Batei Din conduct their proceedings in a manner that is consistent with the requirements of secular arbitration law, so that the rulings of the Beth Din are legally binding and enforceable in the secular court system.

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  14. In this arbitration document the Balai Din are being told to agree to follow the decision of the Bais Din/Arbitration panel Even if it goes AGAINST the Halacha !
    See Paragraph #26.:' No condition or provisions of the Contract of Arbitration Shall be Invalid under the doctrine of Tnai Kaful or ANY other Halachic ground all of which are hereby Waived.'
    Also See paragraph #3
    3. 'The Arbitration shall make their award based on Din Torah, compromise, settlement what is just and proper or any other way they wish to reach a decision '... ANY OTHER WAY???? What way?

    Yet The panel themselves demand that All the balai din follow halacha with regard to Hazmanah and Siruv etc. as if it were a true Halacha Bais din !

    The Excuse for issuing aSiruv against Rav Yoel Abraham even though he gave notice in writing three times to the Panel that he is ready to attend a din torah if they only will issue a date ,
    Was that initially when he signed a simple borirous paper stating that he agrees to go to reb Chaim Flohrs Bais din only on the condition that the psak will agree to follow common accepted halacha of Misores ashkenaz .
    Therefore the'PANEL' decided that he is a Mesarev because he is making conditions for the bais din to follow the halacha and even though he is requesting in writing atime and date he will never be heard WHY ?because he is not agreeing to follow bais din so he is a Misarev!
    BUT THIS BAIS DIN ITSELF Announces IT doesn't follow the halacha in its psak ??? see above!
    so How can they issue a siruv for not folowing Halacha !!
    I thought a Siruv is for Not following Halacha !!

    Or maybe it was issued to protect Oz Vihadar's Rabbi Leifer from Losses due to this young mans Revelations ...Ahem.
    And Rav Kaufman's appointment to the Board of Monsey mikvas a few months ago had nothing to do with this Siruv!!!!!
    Just a coincidence, don't look there .... keep on looking straight ahead nothing to see ... .......Darkness is enveloping us all .

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  15. Why no mention of Shalom Bayis ? What about counseling?
    And why do the couple have to agree to litigate ALL future matters by this panel? ......What right does this "BAIS DIN" have to demand that one signs such a terrible binding document !!
    And how can they ever summon a person to a din torah if this is what they are required to agree to !!
    Why no disclosure of psak ? we are talking about questions of momzerous what is this "bais din" hiding . ???
    Where are the teshuvois ??!!?? I mean the published shalois vitshuvois by Rabbi Kaufman ? and this bais din
    Where did we see this Hanhagah in world torah history?
    Is there a precedent to this hanhaga of silence about the psak ?
    Or maybe the opposite a psak halocha is a public matter and especially if it concerns even hoezer and all future offspring

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  16. http://www.nonprofitfacts.com/NY/Beth-Horoah-Inc.html#b

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  17. They are the Monsey power

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  18. Wow ! That is really STRANGE!?
    Everyone in monsey thinks that kollel zichron menachem is sponsoring this bais hoarah ! But it seems that it is owned by Rabbi Kaufman!
    when I make a Google search at that address I got the same !
    So who is the final say ?
    Rabbi flohr needs to be asked about this!
    Why is it located on Maple Terrace ? and is rent being paid?to whom?

    May be a Sheilah in hilchos mezuzah !!

    Private rental versus public or shutfis/partnership!!

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  19. About this particular case I heard from an informed source that the story was totally different

    The Resh Mesifta decided to use Rabbi Kaufman ONLY because Rabbi Kaufman promised him he will give him special ENORMOUS amounts of time for possible reconciliation!!!
    But This Is even more corrupt !! How can a Bais din promise special consideration to one side BEFORE!! the din torah???????


    I heard this from a practicing Dayan and a trusted source.


    I think it time The Monsey people woke up and Investigates this called 'Bais DIN'!!!

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  20. The Lubavitcher Rebbe and Rav Kahana: http://youtu.be/FUO-9Sl2Rfo

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  21. Only a fool would sign such an agreement. In fact signing an agreement like this should automatically disqualify the person of having the right to represent themselves anywhere.

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  22. The main problem is that for someone to sign such a BIASED agreement they have a FEW lawyers present!
    Shame on the bais Din for presenting such a Shameless document to innocent people already in troubled marriages ,
    There does not exist a Gehennom that will cleanse such outrageousness !!!
    The whole idea is KRUM Shb'KRUM and GOES AGAINST the whole torah!

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  23. All thesewaivers actually spell out clearly that this BD intends to issue a RoyalSHam Psak and get away with it

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  24. The entire Monsey community knows that you _______.
    People that were close to you and your family will be harassing you, will be threatening you.
    Child Protective Services has been called in.
    If you don't do as I say, you will lose this wife forever and I strongly suspect that you will lose your kids.
    You will not be able to show your faces in town or worse.
    Your business will dry up.
    Your parents and siblings will hear and soon be shamed.

    ReplyDelete
  25. The entire Monsey community knows that you _______.
    People that were close to you and your family will be harassing you, will be threatening you.
    Child Protective Services has been called in.
    If you don't do as I say, you will lose this wife forever and I strongly suspect that you will lose your kids.
    You will not be able to show your faces in town or worse.
    Your business will dry up.
    Your parents and siblings will hear and soon be shamed.

    ReplyDelete

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