Can You Enforce an Arbitration Clause on the Other Side Just Before Trial?

more+
less-

Can You Enforce an Arbitration Clause on the Other Side Just Before Trial?

by Gary S. Young on May 10, 2013

The Supreme Court of New Jersey recently considered how late is “too late” to invoke an arbitration clause in a contract. The court accepted the case after lower courts reached opposing opinions of the issue.

In the recently decided Cole v. Jersey City Medical Center, the defendant waited until three days before trial to invoke its right to proceed to arbitration. The arbitration clause at issue was included in an employment agreement with the plaintiff, Karen Cole. The agreement provided, in pertinent part, that, "any claim, controversy or dispute between you and [the employer] . . . arising out of or relating to your employment, the cessation of your employment, or any matter relating to the foregoing . . . shall be submitted to and settled by arbitration . . . .”

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Gary Young, Scarinci Hollenbeck, LLC | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×