Enforcing a Beis Din Arbitration Award in New York: CPLR Article 75

A psak din — the beis din's ruling — is binding as a matter of halacha, but it does not collect a dollar or transfer a deed by itself. What gives it teeth in the civil system is CPLR Article 75, New York's arbitration statute: sign a proper arbitration agreement, obtain a proper award, and a New York court will convert the psak into a judgment enforceable like any other. Courts do this routinely — and they also routinely refuse when the paperwork or the subject matter was wrong. Here is how the framework works, and how to stay on the enforceable side of it.

The Foundation: A Written Arbitration Agreement

Everything starts with the shtar berurin — the written agreement to arbitrate that the parties sign before the beis din hears the matter. Under CPLR 7501, a written agreement to arbitrate is valid and enforceable, and the religious character of the forum changes nothing: in Avitzur v. Avitzur, 58 N.Y.2d 108 (1983), the Court of Appeals enforced a ketubah provision requiring appearance before a Beth Din, applying ordinary, neutral principles of contract law. The lesson runs in both directions — a properly signed agreement to go to beis din will be enforced, and a party who litigates in beis din without one may find the award impossible to confirm.

What a Beis Din Can Decide — and a Court Will Confirm

• Financial and property disputes. Business dissolutions, loans, gemach disputes, contract claims, and the financial issues between divorcing spouses.
• Spousal support. The Court of Appeals held support arbitrable in Hirsch v. Hirsch, 37 N.Y.2d 312 (1975).
• Child support — with a caveat. Child support may be arbitrated, but the award receives closer review: it must comply with the Child Support Standards Act and serve the children's best interests, or it is subject to vacatur. Beis din support terms should be drafted with the same CSSA recitals a stipulation would need — see our guide to imputed income in kollel support cases.
• Get-related obligations. Agreements to appear before the beis din and cooperate in the Get process are civilly enforceable (Avitzur); this is the engine of the halachic prenup, whose daily support obligation reaches civil court through exactly the Article 75 framework.

What a Beis Din Cannot Decide

• Custody and parenting time. In Glauber v. Glauber, 192 A.D.2d 94 (2d Dep't 1993), the Second Department held that child custody and visitation may not be decided by arbitration: the court's role as parens patriae — guardian of the child's best interests — cannot be delegated to arbitrators, religious or otherwise. Custody terms must be resolved by the court or by a settlement the court approves.
• The civil marriage itself. Only the Supreme Court can grant a civil divorce. The beis din supervises the Get; the court dissolves the civil marriage; neither can do the other's job.

Confirming the Award: CPLR 7510

The winning party brings a special proceeding to confirm the award within one year of its delivery (CPLR 7510). On confirmation, judgment is entered on the award (CPLR 7514) — and from that point it is enforced like any money judgment: liens, income execution, restraining notices, and the rest. If a divorce action is pending, the confirmed award is typically incorporated into the matrimonial judgment so everything is enforceable in one place. Do not sit on an award; the one-year clock is real.

Attacking the Award: CPLR 7511's Narrow Grounds

A party seeking to vacate must move within 90 days of delivery of the award, and the grounds are deliberately narrow: corruption, fraud, or misconduct in procuring the award; partiality of an arbitrator appointed as neutral; an arbitrator exceeding their power or so imperfectly executing it that no final and definite award was made; or failure to follow Article 75's procedures. What is not on the list is the merits: a New York judge will not re-weigh the evidence or second-guess the dayanim's reasoning — and under the First Amendment will not entertain religious questions at all, only neutral principles. The practical exceptions are the public-policy backstops discussed above: CSSA compliance for child support, and the categorical bar on custody arbitration.

Drafting for Enforceability: A Checklist

• Sign before the hearing. A written arbitration agreement signed by both parties before proceedings begin — not a handshake, not an after-the-fact ratification.
• Define the scope. List the disputes submitted; expressly exclude custody and parenting time so a good award is not contaminated by an unenforceable piece.
• Name the forum and rules. Which beis din, how many dayanim, and under what procedures.
• Get the award in proper form. A written award, signed and affirmed by the arbitrators (CPLR 7507), with the operative terms stated definitively enough to enter judgment on.
• Preserve the delivery date. Both the one-year confirmation clock and the 90-day vacatur clock run from delivery — keep proof.
• Coordinate with the divorce case. Sequence the beis din proceeding with the Supreme Court action so awards are confirmed and incorporated, not stranded.

Frequently Asked Questions

Will the judge review whether the psak is halachically correct?

No. Judicial review is limited to CPLR 7511's grounds, and courts may not decide religious questions — only neutral, secular principles apply. The dayanim's halachic reasoning is not the court's business; the award's compliance with the arbitration agreement and public policy is.

Is there a deadline to enforce a beis din award?

Move to confirm within one year of delivery (CPLR 7510). A party seeking vacatur has 90 days. Calendar both dates the day the award arrives.

We arbitrated custody at the beis din — is that enforceable?

No. Under Glauber, custody and visitation are not arbitrable in New York. The financial portions of an award may survive, but parenting terms must go through the court — by settlement subject to court approval or by decision.

The losing party is ignoring the psak. Now what?

Confirm the award, enter judgment, and enforce: income executions, liens, restraining notices, and in support matters the remedies available for support judgments. A confirmed award is not a request — it is a judgment.