Writing That One Must Arbitrate May Not Be Enough To Require Arbitration

PrintWe’ve written about arbitration a few times and made reference to this alternate dispute resolution process in several blog postings over the years. [For example, click: HERE or HERE.] Those who read our Ruminations may remember that we are somewhat ambivalent about its general use and a little more inclined toward its use for specific, discrete disputes, such as battles over operating expenses. Today, for the benefit of those who like the concept and who use provisions such as: “All disputes hereunder will be resolved by arbitration,” we have a new warning. [Perhaps, we should write, “alert.”] When we first heard about an Appellate Division ruling from a New Jersey Court, one that threw out a contract’s “must arbitrate” that read as follows: Any and all claims or controversies arising out of or relating to [plaintiff’s] employment, the termination thereof, or otherwise arising between [plaintiff] and [defendant] shall,…

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