Credit: Devon Yu/Adobe Stock Appellate Division Ruling Fundamentally 'Alters the Landscape' of Arbitration Law, Former NJ Justice Says
"It is probably one of the most significant decisions on arbitrations released by that court in many years," said former state Supreme Court Justice Peter G. Verniero of Wednesday's ruling. "Practitioners will need to review the decision carefully to anticipate its impact in this area of law."
February 08, 2023 at 03:00 PM
5 minute read
In a published opinion issued Wednesday, the New Jersey Appellate Division held that the requirement imposed by the state Supreme Court in Atalese v. U.S. Legal Services Group—that an enforceable arbitration provision must contain an express waiver of the right to seek relief in a court of law—was not intended to apply to sophisticated commercial litigants with comparatively equal bargaining power.
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