Of course, choice is essential for companies that employ transportation workers, as it confirms that their arbitration agreements with such workers can be applied under the AIIA, even if the FAA does not apply. But the decision is extremely important for all companies that employ or hire workers in New Jersey, as the state`s highest court has upheld the applicability of employment contracts to transmit legal rights on an individual basis on the basis of a simple and reasonable reading of the language of the agreements. This is important because even in cases where the FAA is applicable, the principles of interpretation of state contracts apply and arbitration agreements can be overturned on the basis of universally applicable contractual defences, such as lack of scruples, fraud and coercion. The Supreme Court decision makes it clear to trial courts that no magic language is necessary for a binding agreement to be explained individually, and recalls that the New Jersey Supreme Court has long expressed New Jersey`s strong public policy in favor of arbitration. While many New Jersey employers will continue to carefully develop their arbitration agreements with their workers, Arafa`s decision should provide them with greater comfort in having their dispute settlement agreements, including individual ones, enforced by the state`s courts on their terms, in most cases, whether or not the FAA is applicable. In other words, unlike Leodori, where the plaintiff`s recognition was to be an expression of her consent to conciliation, pfizers stated that Skuse`s consent would manifest itself in her conduct (i.e., by remaining active after the agreement came into force). Pfizer simply asked Skuse to acknowledge that they “are no longer.” accept the agreement and that, whether or not it clicked on the “Acknowledge” button, it is considered that it “agreed, by mutual agreement, ratified and accepted” the agreement by continuing to work at Pfizer. While the Supreme Court found that “recognition” may be vague or misleading in another environment, it was an appropriate term that Pfizer had to use in the circumstances. As a result, the Supreme Court set aside the appeal division and ordered Skuse to assert his rights before an arbitration tribunal. Ms. Ochs works in Ogletree Deakins` San Francisco office, where she is a shareholder. She has nearly 20 years of experience as a civil litigation agent, with a focus on defending employment rights in federal and regional courts, as well as in appels courts and administrative authorities.
- 十二月 14, 2020