""And again the melody returns, and again the litigants return to the court and seek its decision in the old, old dispute between them. The ruling that was given did not calm the spirits, and the fire of litigation flared up again." With these words, District Court Judge Yehudit Shevah opens another one of the rulings in the never-ending saga in the Ponevezh Yeshiva dispute.
In a ruling issued today (Wednesday), the judge refers to four claims filed against the arbitration in the complex dispute in the Ponevezh Yeshiva, between the president of the yeshiva, the Gra Kahneman, and his brother-in-law, the Grash Markowitz, by Attorney Ofir Blum, who represents the Gra Kahneman, and she rejects the request for a general stay of the arbitration proceedings, but accepts his claim to prevent the arbitrators from determining any temporary decision that is valid until a permanent decision is made, including the appointment of temporary trustees or a decision on temporary receivership.
As you may recall, after the court re-authorized the dayan, the Grach"ga Zimbalist, as arbitrator between the parties, the Gra"a Kahneman filed a lawsuit against the arbitration, claiming that Rabbi Zimbalist had previously signed before the Gra"l Steinman that he would not discuss the dispute in the meeting if the Gra"l ordered him to do so. Therefore, the lawyers representing the Gra"l Kahneman argued - the Gra"l had already ordered not to resume the arbitration process.
In addition, Gra Kahneman's lawyers asked the court to prevent the arbitrators from appointing a receiver or temporary trustee since the arbitrators lack the authority to make temporary decisions.
No to delaying arbitration, yes to not appointing trustees
In light of these claims, Judge Shevah announced her decision that she refuses to accept the request for a general stay of the arbitration proceedings submitted by Gra Kahneman. In the reasons for the decision, among other things, the judge explicitly implies that it is not possible to petition a court that itself constitutes a "court of law" against a Torah court on the pretext that it is prohibited from adjudicating because its authority is granted to it by "courts of law.".
""In any case," writes the judge (paragraph 7), "the applicant is precluded from seeking relief from a court of appeals based on a decision that the arbitration is invalid because Torah law prevails over a final ruling of those appeals.".
Alongside this, the court accepted the position of the Gra Kahneman to issue an interim order against the arbitrators, stating that they would not have the authority to discuss the transfer of control of the yeshiva's assets until a verdict is rendered in the main lawsuit, as well as the appointment of a temporary trustee and temporary receivership.
The meaning of the decision is that until a final decision is made by the arbitration panel, the parties will not be able to demand that the arbitration change the previous arbitration award authorizing the Gra Kahneman as the sole owner of all financial matters and assets of the Ponevezh Yeshiva.
Watch the court's decision, and the minority opinion of Rabbi Perkovitz, whose opinion the court accepted:
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