The New Jersey Appellate Division, in a recent decision, lowered the standard for enforceability of contractual arbitration provisions in the commercial setting, continuing a trend in New Jersey law of relaxing scrutiny of such provisions in the non-consumer or employment context. In County of Passaic v. Horizon Healthcare Services, (N.J. Super. Ct. App. Div. Feb. 8, 2023), the court held that a contractual arbitration provision that does not include an express waiver of the parties' right to seek relief in a court of law is nevertheless enforceable as between two sophisticated commercial parties of relatively equal bargaining power. This decision appears to be a departure from the contractual language that was previously deemed by the New Jersey Supreme Court necessary to enforce an arbitration provision in a commercial contract. Moreover, although prior unpublished decisions have reached similar conclusions, the County of Passaic case resulted in the first published Appellate Division decision containing a rule pronouncement regarding the enforceability of arbitration provisions in the commercial context.