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Monday, July 2, 2007

Raymond Van Duren v. Leigh Rzasa-Ormes

06-29-07 A-2133-05T3

A non-appealability clause in an arbitration agreement,
executed before New Jersey's Arbitration Act was amended
effective January 1, 2003, and between parties of relatively
equal bargaining position who are represented by counsel, that
bars judicial review other than confirmation of the arbitration
award is enforceable only to the extent it waives judicial
review beyond the trial court level. In this case, despite the
broad preclusionary language in the agreement's nonappealability
clause, defendant obtained meaningful review of
its claims of arbitrator bias and misconduct in the Chancery
Division and therefore