Justice Carolyn Demarest
Kahan Jewelry moved to confirm an Oct. 11, 2012, arbitration award. Kahan alleged it delivered gold to Best Opal, but was not paid in full, noting Hertz entered into a personal guaranty for Best's debts. Kahan initiated an arbitration process through a Beth Din. After several adjournments to accommodate Hertz, the Beth Din concluded respondents' communicative pattern of behavior habitually showed evasion and obstruction of the Beth Din's judicial process, and also demonstrated non-compliance with the court's order to promptly arrange a session before the Beth Din. In respondents' absence, the Beth Din conducted an arbitration session and awarded a judgment against them. Respondents sought to vacate the new award. The court stated by consenting to appear before the Beth Din, respondents waived any objection to jurisdiction, and acknowledged the validity of the arbitration provisions within the guaranty. It also agreed with the Beth Din's findings that respondents regularly evaded the Beth Din, and attempted to thwart the arbitration process and the court's prior order. Further, as respondents consented to participate in the arbitration, and failed to raise a statute of limitations defense, it was waived. Thus, the petition to confirm was granted.
