A party’s failure to advance arbitration fees in a contract dispute automatically waives that party’s right to enforce an arbitration clause, the New Jersey Supreme Court ruled on Thursday.
In a unanimous ruling, and its first on this question, the court said the failure to abide by contractual language mandating the advancement of arbitration fees amounts to a “material breach” of the contract, and therefore invalidates the arbitration clause.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
