Enforceability of Arbitration Provisions in Commercial Agreements
This article examines recent developments concerning the enforceability of arbitration provisions in commercial agreements and highlights emerging issues for practitioners to be aware of when reviewing such clauses and litigating arbitration disputes.
April 20, 2023 at 10:06 AM
8 minute read
Arbitration remains a prominent method for dispute resolution outside of the formal judicial system. As a substitute to litigation, the arbitration process is intended to provide a final disposition in a more expeditious, inexpensive, and less formal manner for the involved parties. Nonetheless, disputes frequently arise regarding the enforceability of arbitration clauses that render some agreements subject to judicial scrutiny. This article examines recent developments concerning the enforceability of arbitration provisions in commercial agreements and highlights emerging issues for practitioners to be aware of when reviewing such clauses and litigating arbitration disputes. In light of several recent decisions in New Jersey on these issues, this article focuses on arbitration issues under New Jersey law.
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