Appellate Division Ruling Fundamentally ‘Alters the Landscape’ of Arbitration Law, Former NJ Justice Says

As seen in this New Jersey Law Journal article, “In a published opinion issued Wednesday, the New Jersey Appellate Division held that the requirement imposed by the state Supreme Court in Atalese v. U.S. Legal Services Group—that an enforceable arbitration provision must contain an express waiver of the right to seek relief in a court of law—was not intended to apply to sophisticated commercial litigants with comparatively equal bargaining power.”

According to Sills Cummis’ Peter Verniero, “It is probably one of the most significant decisions on arbitrations released by that court in many years. Practitioners will need to review the decision carefully to anticipate its impact in this area of law.”

A February 8, 2023 Law360 article entitled “NJ Appeals Court Identifies Exception To Arbitration Case Law” on the same ruling also quoted Peter Verniero. Link to article (subscription may be required).