Q: I am involved in litigation in a Beis Din. I agreed at first to arbitration, but am now convinced that the halacha is on my side. Before the arbitration verdict is given, can I now refuse compromise and demand that the Beis Din rule based on the absolute law?

A: In theory, a person can withdraw his agreement to arbitration until the verdict is given. However, in practice, it is not possible nowadays.

The reason why it is not possible is because at the beginning of the arbitration process, the Beis Din makes a kinyan sudar, otherwise known as chalipin (symbolic exchange) with each of the parties. The secretary or Dayan of the Beis Din asks each party, in turn, to grasp his handkerchief or take his pen as a symbolic exchange. This act creates a binding commitment to either pay or forego the amount determined by Beis Din (C.M. 12:7). Thus, the agreement to arbitration is finalized through the kinyan sudar.

It is possible to use kinyan sudar as a convenient method to finalize almost any kind of transaction or commitment (195:1).