Beth Din arbitration

AI v MT [2013] EWHC 100 (Fam); NLJ 8 February

Both parties to a divorce proceeding were observant orthodox Jews. The father was Canadian and the mother was British. They married in London in August 2006 in a Jewish religious ceremony, followed by a civil ceremony in Toronto in October 2006. There were two children. Tensions arose and the mother applied for a prohibitive steps order against the father, to stop him removing one of the children from her care. After negotiations, the parties agreed to consider alternative dispute resolution by means of a Beth Din hearing in New York. They signed an agreement providing for all disputes arising out of the marriage to be determined by the Beth Din. The judge indicated that the court’s jurisdiction could not be ousted in that fashion but, having regard to the parties’ devout beliefs, the court would in principle be willing to endorse a process of non-binding arbitration. Further material was given to the court explaining the Beth Din’s procedures. In the event, the court approved a consent order giving effect to the rulings of the Beth Din. In light of the unusual circumstances the court agreed to hand down a judgment explaining the reasons for approving the consent order. Here it is: