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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