Jewish law is not limited to a set of religious precepts. Based on the centrality of the virtue of justice, it is also an established body of civil law covering (amongst other things) contractual rights, commercial law, rights of property, tort and rights of inheritance and succession, and more. The Beth Din - a Jewish court - is an ancient institution, well over 3,000 years old. Many of the common aspects of modern day arbitration, such as party autonomy in choice of tribunal members, independence and impartiality of arbitrators, due process, and a procedure that declines rigid codes or precedents in favor of a fair and just course of action that prioritizes the establishment of the facts and the respective rights and obligations of the parties, have all been standards of Beth Din procedure since ancient times.
This fascinating and unique work describes the Halachic approach to commercial arbitration, and shows its high standards of ethical conduct and impartiality. This work will also address some of the common misunderstandings regarding the Beth Din process. Finally, the author proposes that Beth Din arbitration is suited for adjudication of all forms of modern commercial disputes, and particularly international commercial disputes.
This fascinating and unique work describes the Halachic approach to commercial arbitration, and shows its high standards of ethical conduct and impartiality. This work will also address some of the common misunderstandings regarding the Beth Din process. Finally, the author proposes that Beth Din arbitration is suited for adjudication of all forms of modern commercial disputes, and particularly international commercial disputes.
