In yet another Satmar lawsuit, this one involving control of the cemetary where the previous Rebbe is buried, Justice Victor J. Alfieri ruled that the parties are required to arbitrate the dispute before a Bais Din (Beth Din). The judge based his decision on a provision in the Congregation’s bylaws stating that “a member of the Congregation shall [or "must", depending on the varying interpretations from the Yiddish] be expelled if that member declines to appear before a Rabbinical Court [alternatively, "submit to a Din Torah"].”
The Court stated that “since the Congregation’s bylaws are a secular corporate document adopted by its members pursuant to New York State law,this Court finds that the Congregation and its members adopted the Rabbinical Court, i.e., the Din Torah (Rabbinical Court proceeding) as the alternative dispute resolution between and among members of its congregation. As such, this Court finds that the parties are required to arbitrate the within action before the Rabbinical Court. ” A copy of the decision is available here.
I am not sure that the judge realizes the implications of this decision. As I understand it, this means that any individuals who consider themseleves members of the Satmar congregation are legally obligated to arbitrate every dispute, even those not involving control of the Congregation or its assets. If, for example, two Satmar individuals have a business dispute and one of them sues in court, the court could compel arbitration instead. Am I reading this wrong?
