Category Archives: Arbitration

Following an automobile accident, if payment for medical treatment is denied, an interested party (e.g., a patient or the patient’s assignee, a treating doctor) may filed a petition for a PIP arbitration, seeking payment for medical treatment

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A responsive pleading must set forth specifically and separately the affirmative defense of arbitration

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Generally, appellate review of a judgment of the Law Division confirming, correcting or modifying an arbitration award under the Alternative Procedure for Dispute Resolution Act is prohibited

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Because arbitration is so highly favored by the law, the presumed validity of the arbitration award is entitled to every indulgence, and the party opposing confirmation has the burden of establishing statutory grounds for vacation

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Following a mandatory, non-binding arbitration, parties have thirty days to file and serve a demand for a trial de novo

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Parties should not confuse the arbitrator’s authority to render an award with the basis for that award

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Condominium associations are required to establish a fair and efficient procedure for the resolution of housing-related disputes between individual unit owners and the association, or between unit owners, as an alternative to litigation

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By agreeing to arbitrate a statutory claim, a party does not forgo the substantive rights afforded by the statute; it only submits to their resolution in an arbitral, rather than a judicial, forum

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Arbitration of Consumer Fraud Act claims

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Whether an arbitration award should have issuepreclusive effect in favor of a non-party to the arbitration proceedings, the question to be decided is whether a party has had his day in court on an issue, rather than whether he has had his day in court on that issue against a particular litigant

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