Confirming a Beth Din Arbitration Award in Court

What happens when parties agree to arbitrate in Beth Din and the prevailing party does not move to confirm the award in court within 1 year, as required by New York law? In a recent decision, the Appellate Division, Second Department found that a motion to confirm a Beth Din arbitration award made after 1 year was without merit and should be dismissed. This means that the prevailing party has no way of enforcing the Beth Din award.
I think that despite the court’s ruling, the losing party still has a Halachic obligation to pay the award. Did the losing party act against Halacha by challenging the confirmation of the award in court?

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3 comments

  1. It’s definitely against Halacha not to oblige to the ruling of the Bes Din, there should of be no need to affirm the Arbitration in Court if defendant would follow the Torah law

  2. In a perfect world. . .
    Another interesting question related to statute of limitations:
    In some areas of Choshen Mishpat, p’sak is informed by Minhag Hamakom or normal business practices. Would a Beth Din (Bes Din) be correct in refusing to find a party liable for a debt that is beyond the statute of limitations on this basis?

  3. There is a thing as חוב ישן, which we would assume that the debtor forgave the debt, but no way would that apply in short duration of 12 months.

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