Dispute Resolution Respondent’s Form

ARBITRATION AGREEMENT
WE, the undersigned (herein individually the “Party” and collectively the “Parties”), hereby submit to binding arbitration all disputes and controversies including any and all claims and counterclaims between the undersigned Parties, involving but not limited to the aforementioned matter described above.
The parties acknowledge and agree to the following:
a. The parties understand their legal entitlement to a judicial adjudication of their dispute and are willing to waive that right;
b. The parties are aware of the limited circumstances under which a challenge to the award may be advanced and agree to those limitations;
c. The parties have had sufficient time to consider the implications of their decision to arbitrate;
d. The parties have entered into this arbitration agreement freely and voluntarily, after due consideration of the consequences of doing so; and
e. The parties acknowledge that they have had the opportunity to consult with an attorney and/or rabbinic advisor prior to signing this Agreement.
THE PARTIES hereby agree that the above-mentioned dispute be heard, tried, and decided by either a single arbitrator, or by a panel of three arbitrators (Arbitrators) of Bais HaVaad Rabbinical Court (the “Bais Din” or the “Members”) as the Bais HasVaad sees fit. The parties agree that the arbitration provisions of this Agreement shall provide each party with its exclusive remedy, and each party expressly waives any right it might have to seek redress in any other forum, except as otherwise expressly provided in this Agreement. By election of arbitration as the means for final settlement of all claims, the parties hereby waive their respective rights to, and agree not to, sue each other in any action in a Federal, State or local court with respect to such claims, as well as their rights to a trial by Jury, but may seek to enforce in court an arbitration award rendered pursuant to this Agreement. The Bais Din will follow the procedures customarily employed in Dinei Torah and arbitrations. The Bais Din will reach a decision according to the principles of Halacha, its understanding of Torah law, and/or general principles of equity customarily employed in arbitration. The Bais Din may issue a temporary or partial decision or an injunction. It is agreed that all the Court's fees, costs and expenses, including without limitation the costs of any experts required in reaching a decision, shall be divided evenly amongst the Parties; that partial or final adjudication of the controversy may be withheld if there are any outstanding fees, costs or expenses owed to the Court; that no transcript nor recording of the proceeding need be made; that the Parties waive the right to cross-examination except under the procedures set by the Arbitrators; that the Arbitrators may follow any procedure as they decide; that the Arbitrators may determine evidential issues; that the Arbitrators shall be empowered to issue subpoenas for witnesses and the production of documents; that the arbitration may be conducted in whole or in part in a language other than English; that hearings may be held on Fridays, or Sundays, or on days leading up to and the day preceding a Jewish holiday, and/or any legal holidays; that it shall be the decision of the Arbitrators as to whether a matter is related to the dispute or not; that the hearing as well as the acceptance of testimony and the deposition of witnesses may be held in person, over the phone or via video-conference; should the other party fail to appear the Arbitrators have the full right to adjudicate and accept testimony not in the presence of the other party; that documents may be submitted via fax or email or in any other form as the Arbitrators see fit; that the award of the Arbitrators shall be in writing and shall be signed by a majority of the Arbitrators and need not be acknowledged or notarized to be confirmed or enforced; that the Arbitrators need not explain to the Parties or to anyone else the reason for their decision; In the event one arbitrator resigns, is incapacitated or cannot continue for any reason, the remaining two arbitrators may elect to continue the proceeding and they shall have the same powers and authority. Alternatively, at their discretion the remaining Dayanim may decide to choose a third Dayan of their choice.
THE PARTIES are fully aware that they have the right to be represented by attorneys and/or other advisors in the arbitration at any time, but that any Party may elect to proceed without an attorney, and the Parties shall have the right to argue for themselves before the Arbitrators. The Parties hereby waive formal notice of the time and place of the arbitration proceeding and consent that the arbitration be held and commence with the jurisdiction of the Arbitrators to continue until a final award be made. In the event that a Party is a corporate entity, the undersigned fully warrants that it has full rights and authorities to represent said corporate entity and enter into this agreement on its behalf. In the event that after an award is made a dispute between the Parties arises as to the interpretation of the award, compliance of the Parties, or if a Party motions for an additional trial due to their claim of a judicial error or new evidence etc., the Parties agree that the Arbitrators shall have binding jurisdiction on the matters, and the Parties authorize the Arbitrators to add to, amend, change, or clarify a decision, to the extent permitted by law.
THE PARTIES further agree not to subpoena any member of the Court as witnesses in a hearing held in a secular or religious court concerning this proceeding, not to bring suit against any Member in a secular or religious court, and waive any claims against all Members arising from their conduct of this arbitration. The Parties agree to fully indemnify and hold harmless the Members individually and jointly for any expenses, fees, loss, damage, outlay including without limitation all attorney fees and court costs which the Members may at any time sustain, incur or be exposed to in relation to any subpoenas or suit instituted or threatened against the Members jointly or individually in connection to this controversy.
THE PARTIES further agree to faithfully abide by and perform any interim or final award or decision rendered by the Arbitrators. The decision of the Arbitrators shall be enforceable in the courts in the State of New Jersey and/or New York and/or any other court having jurisdiction. The Arbitrators shall not be required to take an oath or administer an oath to any witness or Party at the hearing. The terms of this agreement are severable, and the illegality or viability of any terms of this agreement shall not affect remainder of this agreement, which shall remain valid and enforceable. The Parties submit themselves to the personal jurisdiction of the courts of the State of New Jersey and/or New York for any action or proceeding to confirm or enforce a decree of the Arbitrators pursuant to NJSA 2A:24-1 et. Seq. and Article 75 of the New York Civil Practice Law and Rules. All notices and service of the Arbitrators' award shall be sufficient if a) personally delivered or b) deposited in the U.S. Mail by regular or certified mail or c) deposited with a reputable private courier service, directed to a Party at his/her last known address. All notices shall be effective upon such personal delivery, or two (2) business days after being deposited in the U. S. Mail or with private courier service as noted above.