L’arbitrage par un tribunal rabbinique appliquant le droit hébraïque - Revue de l’arbitrage View L’arbitrage par un tribunal rabbinique appliquant le droit hébraïque by - Revue de l’arbitrage L’arbitrage par un tribunal rabbinique appliquant le droit hébraïque 2011 1

Arbitration was largely present in jewish law as early as Antiquity and the Middle Ages, and remained in place even when autonomous Jewish communities existed with a network of ordinary courts. Arbitral tribunals could be chosen principally for disputes relating to matters involving the payment of a sum of money (dinei mamonot), as opposed to questions concerning man's relationship with God (rules relating to the Shabbat, food prohibitions, prayers, etc.). Certain provisions relating to business law are treated as optional under jewish law. Since the emancipation of Jews in Europe in the 18th and 19th centuries, the ordinary community courts lost their exclusive jurisdiction to deal with disputes between Jews. The latter could nevertheless refer their disputes (subject to limits imposed by national law) to a rabbinic tribunal ruling as an arbitral tribunal. There thus exist in various significant Jewish communities (USA, Great Britain, France) arbitral institutions which rule in accordance with Hebrew law. One can identify in these arbitrations most of the questions which preoccupy lawyers involved in arbitration law. 

Revue de l’arbitrage