Chaim Saul Grosskopf v Yechiel Grosskopf & Anor

Chaim Saul Grosskopf v Yechiel Grosskopf & Anor

The matters in issue, including complaints about trust administration and the need for a financial investigation, fall within the scope of the arbitration agreement. The fact that the Tribunal cannot appoint a judicial trustee does not render the dispute inarbitrable, as the substantive grounds for relief are...

Source-derived case information.

Parties
Claimant: Chaim Saul Grosskopf; Defendant: Jacob Moshe Grosskopf; Defendant: Yechiel Grosskopf
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Trust Dispute / Ruling on Application for Stay or Strike Out
Outcome
Claim stayed under section 9 of the Arbitration Act 1996.
Legal Topics
Appointment of Judicial Trustee, Arbitrability of Trust Disputes, Stay of Proceedings Under Arbitration Act 1996
Trusts and Probate Arbitration Appointment of Judicial Trustee Arbitrability of Trust Disputes Stay of Proceedings Under Arbitration Act 1996

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Parties

Chaim Saul Grosskopf

Claimant

Jacob Moshe Grosskopf

Defendant

Yechiel Grosskopf

Defendant

Procedural Posture

Civil Trust Dispute / Ruling on Application for Stay or Strike Out

Legal Issues

  1. 1 Whether the claim should be stayed under section 9 of the Arbitration Act 1996
  2. 2 Whether the claim is inarbitrable because the remedy sought (appointment of judicial trustee) is unavailable in arbitration
  3. 3 Whether the matters in issue fall within the scope of the arbitration agreement

Ratio Decidendi

The matters in issue, including complaints about trust administration and the need for a financial investigation, fall within the scope of the arbitration agreement. The fact that the Tribunal cannot appoint a judicial trustee does not render the dispute inarbitrable, as the substantive grounds for relief are suitable for arbitration and the Tribunal can make directions with similar effect. The claimant is estopped from alleging otherwise due to prior determinations and issue estoppel. The claim must be stayed under section 9 of the Arbitration Act 1996.

Court Disposition

Claim stayed under section 9 of the Arbitration Act 1996.

Orders

  • Proceedings stayed pending arbitration before the Beth Din of the Federation of Synagogues.