InBrief

On each occasion the Jewish people have been dispersed they have established in every place of their dispersal Rabbinical Courts (Betei Din).� The aim of operation of Betei Din has varied from time to time and place to place. Unexceptionally, the Beth Din of each community deals with questions of conversion and divorce. In matters of disputes between Jewish citizens of a country, historically, Betei Din have exercised jurisdiction where the parties have been prepared to submit their dispute to their jurisdiction. In various countries the secular authorities have invested or permitted the exercise of far greater jurisdiction and powers.

There is however a general proposition of Jewish Law which is critical to the exercise of jurisdiction by a Beth Din. That principle is "the law of the country is the law" (dina demalchusa dina).� As may be expected, the content and application of that principle is much debated in Jewish literature. It is however of course, accepted, that Jewish law will not permit the sanction of actions which are contrary to the law of the State.

It is, nonetheless, appropriate in terms of Jewish law that when Jewish persons have a dispute that, where possible, be determined by a Beth Din.

The law applied by a Beth Din will vary. A Beth Din will discourage the strict application of law and apply principles which may ameliorate its strict application in the manner which is not all that remote from the interplay of law and equity. Moreover in contractual disputes the Beth Din will readily infer that the parties intended their contractual rights to be governed by the law of the State in which they contract.

To ensure that there is compliance with the law of the State, the Jewish Arbitration and Mediation Service has adopted a policy whereby on any tribunal there will normally be three persons, at least one of whom will be a qualified legal practitioner. In this regard the Service has available to it a large number of legal practitioners including senior solicitors, senior counsel and other members of the Bar. The mediators on the panel of the Service are all qualified mediators. Some have particular qualifications in Family Law.

The Service is administered by a Registrar who is well qualified for that purpose.� The Registrar is the person responsible for appointing mediators and arbitrators to mediate or arbitrate particular disputes as well as giving appropriate directions for the conduct of any such process.

Although it is anticipated that the Service will be of particular interest to members of the Jewish community, the facilities of the Service are open to all persons.

2 July 2009

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