Rules & Procedures

The Center and These Rules

These Rules govern every arbitration and mediation administered by the Beth Din Resolution Center. When parties agree to arbitrate or mediate before BDRC, these Rules become part of their agreement. The Rules in effect on the date the Center accepts a matter govern that matter, and the Center may amend the Rules from time to time as to matters not yet accepted.

The Administrator manages the administrative conduct of every matter, including intake, empanelment, scheduling support, and fee administration. Administrative decisions of the Administrator are final.

Objectives, Interpretation, and Article 75

These Rules are designed to secure the just, efficient, and economical resolution of every matter. They give the parties a fair opportunity to be heard and give the Panel the discretion to tailor the proceeding to the dispute before it. The Panel construes and applies these Rules in every pending matter, and construes them to advance these objectives.

To the extent these Rules vary a procedure that Article 75 of the CPLR supplies as a default, the parties' agreement to these Rules constitutes their written consent to the variance. Nothing in these Rules waives, limits, or conditions any right that the law does not permit to be waived, including the right to representation by counsel preserved by Rule 9.

The parties may vary these Rules by their arbitration agreement, except that no agreement may limit the right to counsel preserved by Rule 9. Where a specific provision of the parties' arbitration agreement contradicts these Rules, the arbitration agreement governs.

Consent as the Basis of Every Matter

The Center accepts a matter on one of three bases: the written agreement of all parties to arbitrate or mediate before BDRC, a dispute resolution provision in the parties' contract designating BDRC, or an order of a court compelling arbitration before BDRC. The Center does not issue summonses or demands to appear, and no adverse consequence attaches to a person who has not consented to the Center's process.

Notices and Communications

Every notice and communication in a matter, including notice of conferences and hearings and the delivery of orders, may be given by email to the addresses of record for each party and its representatives, and is effective when sent. The parties agree that notice by email satisfies, and is given in place of, the notice procedures that CPLR 7506(b) supplies as defaults. The Panel provides reasonable notice of every hearing in the scheduling order or otherwise, and each party keeps its addresses of record current with the Administrator.

Initiation of a Matter

A party initiates a matter by email to the Administrator, copying all parties to the dispute. The initiating submission identifies each party and its counsel or to'anim, provides contact information for each, and attaches the arbitration agreement, the parties' written consent, or the court order on which administration is based.

The Administrator reviews each submission, performs conflict checks, and informs the parties whether BDRC is prepared to administer the matter. Upon acceptance, the claimant pays the case initiation fee stated in the Fee Schedule, and the matter proceeds to empanelment.

The Arbitration Agreement

No hearing proceeds until every party has signed the Center's arbitration agreement or is bound by an agreement designating BDRC. The arbitration agreement defines the scope of the dispute and the authority of the Panel and incorporates these Rules.

Responses, Counterclaims, and Amendments

The responding party submits a written response within twenty days of the Center's acceptance of the matter or within the time the Panel directs. A responding party may assert counterclaims arising from the same relationship or transaction, and the claimant answers any counterclaim within the time the Panel directs. The Panel may permit amendment of any claim, defense, or counterclaim for good cause, provided the amendment does not unfairly prejudice another party or unduly delay the proceeding.

Appearance of Parties; Authorized Representatives

Every party appears in person or by a duly authorized representative. Where a party appears by a representative under a shtar harshaah, the shtar harshaah is acceptable only if executed on the Center's approved form and accompanied by a notarized power of attorney on a form acceptable to the Center. The Administrator may require documentation of any representative's authority before the matter proceeds, and the Panel may decline to receive the appearance of a representative whose authority is not established.

Representation by Counsel

Every party has the right to be represented by an attorney at every stage of a matter and may claim that right at any time as to any portion of the proceeding that has not yet taken place. Consistent with CPLR 7506(d), this right may not be waived, and nothing in these Rules limits it.

A party that intends to be represented by counsel must have its counsel appear at the preliminary conference. A party may nonetheless appear by counsel at any later point without advance notice, but the appearance of counsel after the schedule is set, on the eve of a hearing, or during a hearing does not, by itself, constitute grounds for adjournment, for reopening any completed stage of the proceeding, or for revisiting any order previously entered. Counsel appearing after the preliminary conference takes the proceeding as counsel finds it, and the Panel may deny any application for adjournment made solely to accommodate newly appearing counsel.

To'anim and Lay Advocates

A party may appear with to'anim or other lay advocates. A lay advocate may present argument and examine witnesses to the extent the Panel permits, and the participation of lay advocates is at all times subject to the Panel's control of the proceeding. Representation by a to'en or other lay advocate neither limits nor substitutes for the right to counsel under Rule 9, and a party represented by a lay advocate may retain counsel at any time on the terms stated in that Rule.

Composition of the Panel

Unless the parties agree otherwise and the Administrator approves, every arbitration is conducted before a Panel of three neutrals appointed by the Center. The concurrence of a majority of the Panel suffices to decide any motion, procedural issue, interim order, partial final award, or final award.

The parties may jointly request that a matter be heard by a single neutral. The request takes effect only upon approval by the Administrator, who may consider the complexity of the dispute, the amount in controversy, the anticipated length of the proceeding, and any other relevant circumstance.

If a neutral becomes unable to continue serving after the evidentiary hearing has commenced, the remaining two neutrals may, after consulting the parties, appoint a replacement neutral or continue the proceeding as a two-member Panel. A two-member Panel acts only by the unanimous agreement of both remaining neutrals in every decision, order, partial final award, and final award. If a replacement neutral is appointed after the evidentiary hearing has commenced, the Panel determines, after consulting the parties, whether any portion of the hearing is reopened or whether the replacement neutral may rely on the existing record, transcripts, exhibits, and recordings.

Disclosures and Challenges

Before appointment is confirmed, each prospective neutral discloses any relationship, interest, or circumstance that might reasonably raise a question as to impartiality, including professional, financial, familial, and communal relationships with any party, representative, or witness. Disclosure continues as a standing obligation throughout the matter.

A party may object to an appointment within ten days of receiving a disclosure. The Administrator rules on the objection, and where an objection is sustained, a replacement neutral is appointed under Rule 11. Objections are resolved before hearings begin.

Authority of the Panel

The Panel conducts the proceeding in whatever manner it considers appropriate to achieve a fair, efficient, and economical resolution, provided that each party receives notice and a reasonable opportunity to present its case. The Panel rules on objections to its own jurisdiction, including objections to the existence, scope, or validity of the arbitration agreement, decides any defense based on limitation of time, and resolves every question concerning the interpretation or application of these Rules in the matter before it.

Without limiting that authority, the Panel may set and enforce schedules, limit or expand the exchange of information, direct the form and length of submissions, decide any issue on written submissions where a hearing is not necessary to a fair resolution, and impose appropriate remedies for noncompliance with its orders.

Preliminary Conference and Scheduling

Promptly after empanelment, the Center schedules a preliminary conference. In advance of the conference, each party submits a concise statement of the dispute, the documentary evidence and witnesses it expects to present, and any requested discovery. At the conference, the Panel sets a schedule for focused document exchange and pre-hearing submissions and fixes hearing dates. The Panel issues a scheduling order following the conference.

No proceeding is scheduled on a day when a party, representative, or neutral cannot participate by reason of religious observance.

Exchange of Information

The parties exchange the documents on which they rely and the documents reasonably necessary to a fair resolution of the issues. Proportionality governs the exchange. Depositions are not taken except by agreement of the parties or by order of the Panel upon a showing of substantial need. The Panel may direct the pre-hearing exchange of witness lists, expert reports, and exhibits, and may draw appropriate inferences from a party's unjustified failure to produce information the Panel has ordered.

Hearings, Oaths, and Subpoenas

Every party is entitled to present documents and testimony and to question the witnesses presented against it. The Panel receives evidence it considers relevant and material and is not bound by formal rules of evidence. The parties present their cases in an orderly and efficient manner, and the Panel may reasonably limit cumulative or duplicative evidence.

Witnesses are sworn, and testimony is taken under oath or affirmation administered by the Panel. The parties waive the oath of the arbitrators that CPLR 7506(a) supplies as a default. The Panel, and any attorney of record to the extent CPLR 7505 permits, may issue subpoenas for the attendance of witnesses and the production of documents, and the Panel rules on any application concerning a subpoena.

Proceedings are conducted in English. Documents in Hebrew or Yiddish are received without translation, and the Panel may direct translation of any document where fairness requires. A party may arrange a stenographic record at its own expense, and any transcript is shared with the Panel and all parties.

Interim Measures

At the request of a party, the Panel may grant interim measures it deems necessary to preserve assets, maintain the status quo, or protect the integrity of the proceeding, and may condition any measure on the posting of security. A request to a court for provisional relief in aid of arbitration, including relief under CPLR 7502(c), is compatible with these Rules and does not waive the right to arbitrate.

Bifurcation and Sequencing

The Panel may, on a party's application or on its own initiative, bifurcate the proceeding or otherwise sequence the claims and issues before it, including by deciding discrete claims, defenses, or issues separately and in the order the Panel considers most conducive to a fair and efficient resolution. The Panel may resolve any bifurcated claim or issue in a partial final award under Rule 22.

Non-Participation After Consent

Where a party bound to arbitrate before BDRC fails to appear or participate after notice, the Panel may proceed in that party's absence, and may draw against the absent party the strongest inference that the record permits. An award is nonetheless rendered on the evidence presented, not on the failure to appear alone, and the claimant retains the burden of establishing its claims.

Sanctions for Frivolous Conduct

The Panel may, on a party's application or on its own initiative and after notice and an opportunity to be heard, impose a sanction against a party for frivolous conduct in the matter, including conduct of the party's counsel, to'anim, or other representatives. Conduct is frivolous where it is completely without merit in law or fact and cannot be supported by a reasonable argument for the extension, modification, or reversal of an existing standard, where it is undertaken primarily to delay or prolong the proceeding or to harass or maliciously injure another party, or where it asserts material factual statements that are false.

A sanction under this Rule is compensatory only, never punitive. It is limited to the attorneys' fees, reasonable to'en fees or other reasonable expenses, reasonable expert fees, and arbitration fees that another party incurred as a direct result of the frivolous conduct, and may not exceed the harm the conduct directly caused. A sanction may be imposed by order, in a partial final award under Rule 22, or in the final award.

Form, Time, and Delivery of the Award

The Panel issues a written award signed by the neutrals joining in it. The award is reasoned, setting out the Panel's determinations and the relief granted, and disposes of every claim and counterclaim submitted for decision in that award. The parties waive any requirement that an award be affirmed, acknowledged, or notarized. The Panel renders the award within thirty days after the close of the hearing on the matters decided, unless the parties agree or the Administrator directs otherwise.

The Center delivers the award to each party or its representative of record by email or by first class mail, and the parties agree that delivery in either manner constitutes delivery of the award for all purposes under Article 75, effective upon transmission or mailing.

Partial Final Awards and Interim Awards

The Panel may decide the claims and issues before it in a single award or in separate awards. An award the Panel designates as a partial final award finally and definitely resolves the claims or issues it decides. The parties agree that a partial final award is final and definite as to the matters it decides within the meaning of CPLR 7510 and 7511 and Section 9 of the Federal Arbitration Act, that it may be confirmed immediately, and that judgment may be entered upon it, notwithstanding that other claims or issues remain pending before the Panel. Each party waives any objection to the confirmation or enforcement of a partial final award on the ground that the arbitration has not concluded.

An award granting interim measures under Rule 17 finally disposes of the application it decides, and the parties agree that it may be confirmed and enforced to the same extent as a partial final award. The Panel retains jurisdiction over all claims and issues not resolved by a partial final or interim award.

Correction and Modification of the Award

On application made within twenty days of delivery of an award, the Panel may correct a clerical, typographical, or computational error, a mistaken description of a person or thing referred to in the award, or an imperfection of form not affecting the merits, and may modify the award on any ground available under CPLR 7509 and 7511(c). Any other party may serve written objections to the application within ten days, and the Panel disposes of the application within thirty days. The application does not suspend the finality or enforceability of the award except as to the matter to be corrected.

Settlement and Consent Awards

The parties may settle their dispute at any time. At the joint request of the parties, the Panel may record a settlement in the form of a consent award on agreed terms, which is enforceable as any other award under these Rules.

Fees and Deposits

The Center's fees, including the case initiation fee, neutral compensation, and cancellation terms, are stated in the Fee Schedule in effect on the date the matter is accepted. Where a counterclaim is asserted, the case initiation fee is divided equally between the parties, and the Center credits or invoices the parties accordingly. The Administrator may require deposits against anticipated neutral compensation.

Where a party fails to pay its share of fees or deposits, the Panel may suspend the proceeding. The non-defaulting party may advance the defaulting party's share, and the Panel may direct reimbursement of the advance in a partial final award under Rule 22 or as part of the final award.

Neutral compensation is divided equally between the parties unless the parties agree otherwise. All fees are subject to any fee-shifting provision in the parties' agreements, and the Panel may allocate fees and costs between the parties in an award as fairness requires. Every final award states the manner in which the fees and expenses of the matter are to be paid.

Mediation

Parties may submit a matter to mediation before BDRC on the same bases stated in Rule 3, and mediation is initiated in the manner stated in Rule 5. The Center appoints a single mediator unless the parties agree otherwise. The mediator conducts the mediation in the manner the mediator considers most likely to produce resolution, including joint sessions and private caucuses, and no rule of procedure applicable to arbitration constrains the mediation.

Mediation is confidential. No statement made or document prepared for the mediation may be offered in any arbitration or judicial proceeding, and the mediator may not be called as a witness concerning the mediation. A mediator does not thereafter serve as an arbitrator of the same dispute except upon the written consent of all parties. A settlement reached in mediation is recorded in a written agreement signed by the parties and, where an arbitration is pending, may be entered as a consent award under Rule 24.

Confidentiality

Proceedings before BDRC are private. The Center, the neutrals, and the parties maintain the confidentiality of the proceeding, the submissions, and the award, except to the extent disclosure is required by law, is necessary in judicial proceedings to confirm, enforce, or challenge an award or settlement, or is authorized by all parties in writing. Awards are not published.

Enforcement and Governing Law

Arbitration under these Rules is intended to produce awards enforceable under Article 75 of the New York Civil Practice Law and Rules and, where the transaction involves interstate commerce, the Federal Arbitration Act. The parties consent to the jurisdiction of the courts of the State of New York for proceedings to confirm, enforce, modify, or vacate an award, consent to the entry of judgment on any award, including any partial final or interim award, and agree that judgment may be entered in any court of competent jurisdiction. A matter does not abate by reason of the death or incompetency of a party, and proceedings continue as CPLR 7512 provides.

The Center maintains the record of each matter, including proof of the basis for administration under Rule 3, disclosures, orders, and awards, and makes the record available as needed for confirmation and enforcement proceedings.

Waiver, Immunity, and Severability

A party that proceeds with a matter after knowledge of a failure to comply with these Rules, without promptly stating a written objection, waives the objection, except that no conduct waives the right to counsel preserved by Rule 9. Neither the Center, the Administrator, nor any neutral is liable to any party for any act or omission in connection with a matter conducted under these Rules, to the fullest extent permitted by law. If any provision of these Rules is held invalid, the remainder continues in effect.