Litigation of Arbitration Disputes Pending a Judicial Decision on the Arbitrability of the Dispute

HNWBusiness Law

By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Arbitration Attorney

New Jersey’s federal and state courts are in accord with respect to requiring a party to arbitrate a dispute prior to a determination that the dispute is, in fact, subject to arbitration.

Federal Court

In a Federal case, the court held that ”the harm to a party would be per se irreparable if a court were to abdicate its responsibility to determine the scope of an arbitrator’s jurisdiction and, instead, were to compel the party, who has not agreed to do so, to submit to an arbitrator’s own determination of his authority.”

State Court

Several New Jersey courts have like-wise found that requiring a party to arbitrate a dispute before a court has determined the proper scope of an arbitrator’s jurisdiction is ”per se irreparable.”’ Irreparable harm in this circumstance consists of the forced time and resources arbitrating a claim that, ultimately, may not be arbitrable in the first place.

To discuss your NJ arbitration matter, please contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or email him at Please ask us about our video conferencing consultations if you are unable to come to our office.


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