The Daily Journal publishes an article by partner Joshua Borger on economic competition in Beit Din litigation

Orthodox Jews, like the orthodox of many religions, are required to submit their financial disputes to a religious panel of arbitrators, typically rabbis, that understand their laws, policies, and customs.   A potential problem arises, however, when a party seeks to confirm or vacate the award. Civil (secular) courts cannot adjudicate theology.  An exception to this rule deals with some forms of economic competition since it impacts persons who are not parties to the arbitration.

The Daily Journal, California’s leading newspaper for lawyers, published an article by partner Joshua Borger on whether arbitral rulings of the Batte Din (the religious court) applying Jewish law can be confirmed by a civil court without violating modern laws on economic competition, namely antitrust laws.

The article can be found at: https://www.dailyjournal.com/mcle/510-can-courts-confirm-awards-by-religious-courts-that-conflict-with-secular-law

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