Credit: Sebastian / stock.adobe.com Enforceability of Arbitration Agreements Lacking Explicit Waiver Headed to NJ Supreme Court
Counsel to Passaic County, Kenneth D. McPherson Jr. of Waters, McPherson, McNeill, told the New Jersey Law Journal in February that "with all due respect, the Appellate Division panel misread 'the clues' that the Supreme Court left as to when express waiver of access to the courts is needed to make arbitration [the] exclusive remedy."
May 24, 2023 at 02:04 PM
4 minute read
The New Jersey Supreme Court granted a petition for certification in Passaic County v. Horizon Healthcare Services, an Appellate Division decision which held 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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