Written by attorney Thomas William Hartmann | Sep 24, 2014

New Jersey Supreme Court Rules Unanimously on Language for Mandatory Arbitration Clauses

On September 23, 2014, however, the New Jersey Supreme Court unanimously clarified that general standard and ruled that a clause in a consumer contract that seeks to require arbitration is not enforceable unless it clearly indicates that the party is giving up the right to go to court. While the Court noted that arbitration is favored under both federal and state law that "does not mean that every arbitration clause, however phrased, will be enforceable," Justice Barry Albin wrote in Atalese v. U.S. Legal Services Group.

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