As attorney and Rabbi Eliyahu Schwartz pointed out in his articles, The finality of the discussion in Torah law is limited to the point of being almost non-existent.
In contrast, in civil law, the finality of the hearing is a key principle, even more so when it comes to arbitration.
According to the legislature and legal tradition, an arbitration award has a status superior to that of a judgment - not for the purpose of its enforcement, which then requires approval in court (see: Enforcement of arbitration awards in courts), but rather for the "appeal" procedure. While a judgment can be appealed as a matter of right, an arbitration award cannot be appealed (see: Ways to annul an arbitration award), but its annulment can be requested for limited reasons, the main of which is the irregularity of the procedure and not the content of the ruling.
The legislature and case law view arbitration as a tool that enables a rapid hearing process, which will reduce the burden on the courts, and therefore, in order to encourage its use, they have given greater force to its "finality.".
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It seems to us that, given the occasional exploitation by litigants of the principle of the lack of finality of the discussion in Torah law, there is a need to examine whether, subject to halachic rules, it is possible to practically adopt rules from the civil procedure, in order to streamline the discussion and the force of the ruling according to Torah law, and to encourage discussion according to Torah law.
Since litigants sometimes "invent" evidence, especially when they have lost the proceedings, in order to open the ruling in the hope that they will succeed in creating a complete and renewed arbitration and to minimize the phenomenon of exploitation and abuse of the proceedings, we propose to take the path borrowed from civil law.
One of the principles according to civil law, when a defendant requests to dismiss a lawsuit filed against him - at the stage before the judgment is rendered - is that, even if the plaintiff proves everything he claims with evidence, this will not lead to winning the case due to the lack of legal grounds, so it is possible
Delete the lawsuit before it is resolved.
Although such a remedy is rare, given the legal rule that everyone is given their day in court, its purpose is to streamline the proceedings and prevent hearings and expenses, while it is clear that even if all the facts alleged in the evidence are proven beyond doubt, this will in any case lead to the claim being rejected due to the lack of legal grounds against the defendant.
Similarly, it is suggested that courts adjudicating according to Torah law examine, before opening the arbitration, once again due to a claim for new evidence, after the arbitration award has already been rendered, whether what is sought or claimed to be proven by that evidence can and does change the arbitration award.
If the court believes that if the evidence is proven, the result of the arbitration award will not change, and there is no reason to open the arbitration. However, if there is even the slightest doubt that if the new evidence is proven, the arbitration award will be changed, then place open you The bag and permit bring you The evidence.
Those who advocate doing so will argue that this should be done even if a ruling has not yet been issued and the proceedings have not yet concluded, or if the impression is created that one of the parties' goal is to abuse the proceedings by presenting evidence that is not in a position to assist in rendering a just verdict, even if the claim is proven through it.
It seems to us that the above - subject to careful use and tradition - will streamline the procedures according to Torah law and encourage the use of arbitration according to Torah law.
The lawyer Tsiki (Zvi) Wolfson – is the founder and managing partner ofWolfson Weinstein & Co.', and it frequently appears in courts and arbitrations related to issues Commercial businesses.
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