'Difficult to Decipher' Arbitration Clause Deemed Unenforceable by NJ Appellate Division

"An initial scan of Section 27 reveals a series of difficult to decipher and contradictory sentences contained in a single arbitration clause," Judge Morris G. Smith said in his written opinion for the court. "The clause contains 887 words in thirty-six unbroken lines. A closer reading shows that the run-on paragraph harbors within it mutually inconsistent means for dispute resolution."

March 25, 2024 at 06:41 PM

5 minute read

Alternative Dispute Resolution

Colleen Murphy

In a published opinion, a New Jersey Appellate Division panel agreed that a trial court opinion mandating arbitration should be reversed, but parted ways on whether the clause was so poorly written that is was unenforceable.