January 29, 2019 Articles

An Arbitration Agreement Must Identify the Forum and Rules

By Robert E. Bartkus

In a precedential appellate opinion, a New Jersey court has upended the parties' intention to arbitrate their disputes, unless their agreement provides for a particular arbitration institution, “forum” and rules, or a process for making those determinations. Especially because the opinion does not say that it is limited to adhesive employee agreements, all should take heed. Flanzman v. Jenny Craig, Inc., 456 N.J. Super. 613, A-2580-17, 2018 N.J. Super. LEXIS 156 (N.J. Super. Ct. App. Div.  Nov. 13, 2018).

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