Have You Really Agreed to Arbitrate?
Image by NY Photographic
Unless an employment contract specifies the forum for arbitration and the process by which the arbitration will be conducted, a court may find that the parties have not reached an agreement to arbitrate, warns a post on the website of Porzio, Bromberg & Newman.
The authors discuss a New Jersey case that illustrates the need to use care in drafting.
An appellate court found that the arbitration clause in the contract did not specify what forum would substitute in place of the jury trial.
