Waiver of Arbitration in New Jersey After Morgan V. Sundance

from the desk of Justin Santagata, Esq. Key takeaways: • Failure to list potential arbitration in a R. 4:5-1(2)(b) certification will almost certainly be fatal to arbitration if arbitration is not immediately enforced • New Jersey courts may continue to consider prejudice as a factor in waiver of arbitration clauses • In order to establish […]