Jamal Awil

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Ancient Jewish arbitration anticipates modern commercial dispute resolution practices. [connection]

Jewish arbitrators were given the authority to attempt to bring about conciliation (compromise) between parties prior to rendering their decision. … Just as the DDC arbitrators are not required to produce written opinions of their decisions, “according to talmudic halakhah [Jewish law], a party may require the regular court to submit written reasons for its judgments, but an arbitral body is not obligated to do so, even upon request." … According to Jewish law “any custom adopted by the local merchants as a mode of acquisition is valid . . . since it fulfills the principle that the purpose of the kinyan [any formal act of acquisition] is to bring about the decision of the parties to conclude the transaction .... some authorities even regard a handshake as the equivalent of an oath."

XREF: Parallels with the DDC (Distressed Debt Consortium?) arbitration procedures mentioned in the highlight, showing continuity in conciliation-based dispute resolution.

Lisa Bernestein, Opting out of the Legal Sys…, loc. 187