Law360 Quotes Robert Bartkus on Arbitration Pacts That Survive Scrutiny
MARC’s Robert E. Bartkus was mentioned on July 6, 2016 in a Law360 article on how to craft an arbitration agreement so it meets recent NJ case law. In Morton v. Sanford Brown Institute (2016) and Atalese v. U.S. Legal Services Group LP (2014), the NJ Supreme Court reinforced that arbitration agreements must include a waiver of one’s right to go to court and a clause that an arbitrator will decide whether the parties agreed to arbitration. Bob advises that contract writers use plain English and make sure the arbitration clause complies with recent law. “Do not simply go to an old form book or an old contract and copy what someone else has used,” Bartkus said. “Those were probably written without taking into account the court’s current concerns.” Click here to read the article.