Kersten Kortbawi of Greenbaum Rowe has authored this informative article, discussing the New Jersey Appellate Division’s recent decision in County of Passaic v. Horizon Healthcare Services, Inc. Attorney Kortbawi posits that the court’s decision “fundamentally reshapes the interpretation of arbitration clauses in commercial contracts.” Specifically, the court made a meaningful U-turn from a 2014 NewContinue reading “Another Cautionary Tale For Those Drafting Arbitration Provisions”
Monthly Archives: February 2023
“Plaintiffs Who Made Claims Based on Rights Under an Agreement Are Bound by the Agreement’s Arbitration Provisions”
In certain cases, a court may order a non-party to arbitrate a dispute when they are knowingly seeking to exploit the benefits of an agreement containing an arbitration clause. This is because the court recognizes that the non-party is aware of the provisions in such contracts and has chosen to take advantage of them. AContinue reading ““Plaintiffs Who Made Claims Based on Rights Under an Agreement Are Bound by the Agreement’s Arbitration Provisions””
“It’s a Family Affair: SCOTX Compels Non-Signatory Minor Children to Arbitrate Their Construction Defect Claims with Signatory Parents”
As discussed in this Lexology article by Ian Faria and Sydney Warren of Bradley Arant, the Texas Supreme Court has held that non-signatory minor children of a home purchaser are subject to the provisions of an arbitration agreement entered into between the purchaser and the home builder. Quoting the decision, the article notes the court’sContinue reading ““It’s a Family Affair: SCOTX Compels Non-Signatory Minor Children to Arbitrate Their Construction Defect Claims with Signatory Parents””
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