Arbitration: The Changing Landscape in New Jersey

Arbitration is a form of private dispute resolution.  The parties agree via contract to enter into arbitration should any disputes arise between them.  The contract specifies what forum to use, such as the American Arbitration Association, which rules will apply, such the AAA Commercial Arbitration Rules, who may initiate the arbitration and what notice needs to be provided to the other signatories of the contract.  The contract may also provide how the arbitrator(s) is/are to be selected.

While the federal courts still favor arbitration, the NJ Courts have been whittling away at arbitration provisions and requiring more specific terms in the contracts calling for arbitration.  See

for a timely discussion on this issue.