A spate of recent cases has seen New Jersey courts invalidating what they believed were unfairly lopsided arbitration agreements, a trend some attorneys view as a divergence from the U.S. Supreme Court’s strong pro-arbitration policy. But the answer to the question of whether New Jersey courts are truly averse to arbitration depends on who you ask.
In a multitude of recent cases, New Jersey courts have invalidated arbitration agreements out of concern for the rights of consumers and employees who may have unwittingly signed agreements waiving their right to trial. But some have argued that the court has adopted standards that would not pass U.S. Supreme Court muster.
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