Client: Defendants in Consolidated Actions, Foulke Management Corp. and Mall Chevrolet, Inc.
Court: Supreme Court of New Jersey
Brief Attorney: Laura D. Ruccolo, Esq.
Resolving novel legal issues created by the Appellate Division decision, and relying upon the public policy in favor of arbitration, the Supreme Court of New Jersey re-instated the orders of the Trial Courts enforcing the Arbitration Agreements.
The Plaintiffs had executed documents to purchase motor vehicles from Defendants which contained ”clear and conspicuous” agreements to arbitrate all disputes, including whether a particular dispute is “arbitrable”. In these consolidated cases, Plaintiffs had sought for the Courts (and not the arbitrators) to resolve their challenge to the enforceability of an Arbitration Agreement and the Defendants had urged the Courts to enforce the broad agreements to arbitrate as written.