In NJ, Following Court Guidance in Drafting Arbitration Clauses

McCarter partner Bill Wallach writes in Law360 about following court guidance in drafting arbitration clauses.

Bill notes that while the New Jersey Supreme Court has repeatedly observed that it is not its role to issue advisory opinions, the fact remains that in several of its recent rulings involving challenges to arbitration clauses, the court has provided a clear outline for drafters to follow to minimize successful challenges to the enforceability of arbitration provisions.