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Specific Language Not Required in New Jersey Arbitration Agreements Between Sophisticated Parties

In County of Passaic v. Horizon Healthcare Services, the New Jersey Appellate Division (the Appellate Division) clarified that arbitration provisions between sophisticated entities need not explicitly explain the implications...more

2/27/2023 / Arbitration , Arbitration Agreements , Health Insurance , New Jersey

Untangling the Webb of Arbitrability: The Fourth Circuit Holds That Courts Determine the Availability of Class-Wide Arbitration

Is the availability of class-wide arbitration a “gateway” question for courts, or are arbitrators charged with such a decision once a matter is compelled to them? In Dell Webb Communities, Inc. v. Carlson, the Fourth Circuit...more

4/20/2016 / Arbitration , Arbitration Agreements , Class Action , Corporate Counsel , Federal Arbitration Act , SCOTUS

“Who Decides” Whether Class Arbitration Is Available?: The Third Circuit Provides New Guidance in Chesapeake Appalachia, LLC v....

The U.S. Court of Appeals for the Third Circuit (the “Court”) has spoken again on the issue of “who decides” whether parties must arbitrate a dispute on a classwide basis. In 2014, the Court ruled that “unless the parties...more

2/9/2016 / Arbitration , Class Action , Corporate Counsel , Gas Royalties , Oil & Gas

New Jersey Supreme Court Calls for More Specific Language in Arbitration Agreements

Although New Jersey public policy generally favors arbitration as a method of resolving disputes, following the New Jersey Supreme Court’s unanimous holding in Atalese v. U.S. Legal Services Group L.P., companies doing...more

10/20/2014 / Arbitration , Arbitration Agreements , Contract Drafting , Void and Unenforceable

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