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______________
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