NRG REMA LLC, ET AL. VS. CREATIVE ENVIRONMENTAL SOLUTIONS CORP., ET AL. CREATIVE ENVIRONMENTAL SOLUTIONS CORP. VS. NRG REMA LLC, ET AL. (L-3587-15 AND L-0344-15, MIDDLESEX COUNTY AND STATEWIDE) (CONSOLIDATED) (A-5432-15T3/A-0567-16T3)
In these appeals, the court reviewed orders compelling arbitration because the automobile sales contracts executed by plaintiffs included an agreement to arbitrate all disputes. Although the record revealed disputed facts about contract-formation issues that the trial courts must be resolved before arbitration may be compelled, the court also recognized there was no dispute that the parties mutually agreed to rescind those sales contracts. Consequently, among other things, the court held that the trial judges erred in compelling arbitration of any claims relating to the agreements to rescind, which did not contain arbitration provisions. The orders under review were reversed and both cases remanded for trial court proceedings to determine, among other things, whether plaintiffs' claims were based on the sales contracts or on the agreements to rescind.
