Must the Arbitrator, Arbitral Forum or Selection Process be Identified in the Agreement?
Does a simple reference to arbitration assure its being required if the provision does not state how and by whom the arbitration will be conducted?
October 28, 2020 at 12:31 PM
7 minute read
ADR
Arbitration agreements vary significantly. Some set out precise and extensive details with respect to each aspect of the arbitration process. Others name an arbitrator or arbitral forum to conduct the arbitration. Many merely state, however, that in the event of a dispute, the parties will arbitrate, but provide no further detail suggesting how, when, where and under whose direction it will proceed.
Abraham J. Gafni
Does a simple reference to arbitration assure its being required if the provision does not state how and by whom the arbitration will be conducted? This issue was faced most recently by the New Jersey Supreme Court when it reversed its Appellate Division. (Flanzman v. Jenny Craig,(company), A-66 September Term, 2018, (N.J. Sept. 11, 2020).
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