In this case concerning an award of a Beth Din (sometimes referred to as a Beis Din), the Court of Appeal considered an “unlimited amendment clause” in an arbitration agreement between the parties.
Unanimously allowing the appeal, the court held that the unlimited amendment clause could not be given effect to in a valid arbitration agreement as it was repugnant to the basis of the parties’ agreement in that it prevented the Beth Din from making a final and binding award.
Lord Justice Dingemans (with whom Lord Justice Phillips and Lord Justice Lewis agreed) concluded that, as the default provisions in section 57 Arbitration Act 1996 applied and the relevant time limits therein had not been complied with, the order initially made granting permission to enforce the award of the Beth Din should be restored.
Read the full judgment here: https://www.bailii.org/ew/cases/EWCA/Civ/2026/145.html
