London – The High Court in London is being asked to enforce the decision of the Beth Din.
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The Beth Din awarded a businessman more than £1 million in December 2009, when it ordered company director to pay £920,550.43.
They agreed to take their dispute to arbitration, and agreed to abide by the Beth Din’s decision, a High Court claim says. But failing to pay the money ordered by the Beth Din, and in an unusual move, has turned to the High Court, where he is seeking to enforce its decision.
Rabbi of the Beth Din gave permission to enforce the court’s decision in the High Court.
This would be no different that two parties entering into a legal agreement to use binding arbitration in a commercial dispute and then after the arbitrator enters a decision, one of the parties refusing to comply. Unless there was some material evidence that the arbitrator had violated the terms of his appointment (e.g. he was secretly having an affair with the shver of one of the litigants or some other form of unethical behavior) that decision can be enforced in a court. In this case, the arbitrator agreed to by the parties happened to be wearing a shtreimel and bekasha but otherwise, its not any different.
1. The Creditor went to Bais Din – Following Halacha
2. Apparently, despite the Psak, the Debtor did not pay
3. Apparently, the Creditor returned to Bais Din
4. Thereafter, seemingly, the Bais Din allowed the case to go to court
5. The Creditor seems to have done everything Al Pi Torah
6. Apparently, the Bais Din understands that if Creditors can not collect debts NO ONE WILL LEND MONEY ANYMORE
7. So is the point is that
a) the Creditor is an Ehrliche yid
b) that the Bais Din understood point 6 above
c) is there something I am missing
As this is now in the public domain, please publish the names. It may avoid further chillul hashem if the UK secular press get hold of this. I.e. the debtor may pay up rather than have a whole media circus made of this.
The fact that a psak from the LBD is later taken to the High Court is not so unusual. The sum of money involved is more than usual.