The long-running Ponovezh machlokes took a dramatic step forward this week. Following last week’s arbitration decision issued by retired judge David Cheshin, representatives of Ponovezh Yeshiva (the “Sonim” faction) submitted a request today to the Tel Aviv District Court asking that the ruling be formally confirmed as a binding court judgment.
The arbitration verdict granted exclusive ownership of the entire yeshiva campus to the Nasi, HaRav Eliezer Kahaneman. It further ordered HaRav Shmuel Markovitz (of the “Mechablim” faction) and his yeshiva “Masores HaTorah” to vacate the Ponovezh campus no later than the end of the current yeshiva year in Av. The ruling also obligated Rav Markovitz and his yeshiva to pay 10 million shekels to Ponovezh, controlled by Rav Kahaneman.
Although impactful, the filing itself is a routine legal step. Israeli arbitration law allows a party to petition the court to confirm an arbitration decision, thereby granting it the force of an enforceable court judgment. The request was submitted on behalf of Ponovezh by attorneys Ehud Arzi, Ran Feldman, and Rivka Ariel.
With the motion now filed, Rav Markovitz and Masores HaTorah have 15 days to respond. They may oppose the request, file a motion to cancel the arbitration ruling, or inform the court that they accept the decision. The next two weeks will clarify whether Rav Markovitz intends to pursue a legal challenge.
Legal precedent makes it extraordinarily difficult to overturn an arbitration decision. Courts generally intervene only in rare and extreme circumstances, and only when a deep and fundamental flaw is proven in the arbitration process itself.
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7 Responses
I’m totally ignorant and have no knowledge whatsoever about this story. My understanding was that both sides agreed to accept and abide by the arbitration decision: that, by definition is arbitration. So where is there room for discussion or disagreement to the arbitrators decision? Wasn’t that agreed to up front? Can somebody enlighten me? Besides a few screws, what am I missing?
Maybe the new Yeshiva can be called Ponovezh 45.
why are yeshivos getting a judgement in arkaot and taking so many years to deal with it? there was no beis din to resolve the issue?
Rav Elyashiv ztz”l set up a Beis Din (headed by Rav Cymbalist ztz”l, (retired Dayan of Rabbanut) and he rendered several decisions.
Rabbi Kahaneman’s side was dissatisfied and applied to secular court to overturn the decisions.
Rav Elyashiv published a scathing letter against those who go to court, to no avail.
Ultimately the court appointed an irreligious retried judge, who now overturned the din torah judgement. Herimu yad betoras moshe.
the two factions are called “sonim” and “mechablim”? oy vey!
@yaapchik: the arbitration ruling should be accepted by both sides, but it doesn’t have the force of a legal judgment. which means that it isn’t enforceable if one side decides not to comply. ultimately, the court decides, and ruling in favour of the arbitration makes it enforceable through the legal system. applying for such a ruling is understandable in view of how long and bitter this dispute has been.
volf’s take is a cherry picked simplistic view of what has happened.
There was a temporary interim pshara given by said BD/borrerim, while they worked through the issues. Many many things happened between then and now, including Rav nissan karelitz’s BD issuing a psak that said borerim were no longer able to work on the case due to conflicts of interest and other issues.