re: croupier:jewish court of arbitration..gutnick. I placed a...

re: croupier:jewish court of arbitration..gutnick. I placed a phone call to the Rabbinical Council of Australia.

Very simply, the use of a Rabbincal Court has various components to it.

Apparently matters relating to religion will be heard by Rabbis who are specifically trained for this role.

Next, business disputes can be handled in several ways.

The two parties each select a representative and these two representatives select and decide on a third.

They do not necessarily have to have Rabbinic training and more often than not, lawyers are used in business matters.

Others will ask that the third deliberating "arbitrator" should be a Rabbi, and again this Rabbi will have specific training in business matters, if it is a business dispute.

Basically it appears to be an Arbitration system and works well if both parties agree to be bound by the decisions of the Arbitrator.

The overiding factor is, that the Arbitrators must follow the procedures as set down in the Arbitration Act of 1984 (I think that's the year I was told).

If these conditions are not met, the Arbitration decision can be appealed in Court.

As they are working within the Arbitration Act it would appear these religious Courts have the mprimatur of our legal sytem which in turn makes it part of our legal system.

The closing remark of the Rabbi to me was that there are enormous cost saving benefits and matters can be heard and settled within weeks rather than years.

When they hear complex cases, the lawyers used are amongst the best in the country. The lawyers are not required to be Jewish. If there is a question of Jewish law being flouted, the lawyers will refer the matter to a Rabbi who besides having Rabbinical status, would have an excellent working knowledge both of law and business.

The parties must first consent to this form of Arbitration.

Seems reasonable.

There you go. I learnt something today.

Thanks Croupier.