language of the arbitration clause in New Jersey

2020Therefore, "[a] court must look to the language of the arbitration clause to establish its boundaries[,]" and "may not rewrite a contract to broaden the scope of arbitration." Hirsch, 215 N.J. at 188 (first citing then quoting Garfinkel, 168 N.J. at 132 ).

2020Therefore, "[a] court must look to the language of the arbitration clause to establish its boundaries [,]" and A-2532-18T2 9 "may not rewrite a contract to broaden the scope of arbitration." Hirsch, 215 N.J. at 188 (quoting Garfinkel v. Morristown Obstetrics & Gynecology Assocs., P.A., 168 N.J. 124, 132 (2001)).

2026To reflect a mutual assent to arbitrate, the terms must be "sufficiently clear to place a[n] [individual] on notice that [they are] waiving a constitutional or statutory right . . . ." Atalese, 219 N.J. at 443 . "[A]lthough a waiver-of-rights provision need not 'list every imaginable statute by name to effectuate a knowing and voluntary waiver of rights,' employees should at least know that they have 'agree[d] to arbitrate all statutory claims arising out of the employment relationship or its termination.'" Id. at 447 (second alteration in original) (quoting Garfinkel, 168 N.J. at 135 ).

2026To reflect a mutual assent to arbitrate, the terms must be "sufficiently clear to place a[n] [individual] on notice that [they are] waiving a constitutional or statutory right . . . ." Atalese, 219 N.J. at 443 . "[A]lthough a waiver-of-rights provision need not 'list every imaginable statute by name to effectuate a knowing and voluntary waiver of rights,' employees should at least know that they have 'agree[d] to arbitrate all statutory claims arising out of the employment relationship or its termination.'" Id. at 447 (second alteration in original) (quoting Garfinkel, 168 N.J. at 135 ).

2021The present matter implicates the second inquiry, which requires the court to examine "the language of the arbitration clause to establish its boundaries." Ibid.

2021"A court must look to the language of the arbitration clause to establish its boundaries." Hirsch, 215 N.J. at 188 ; In re Arb.

2021In that regard, "[c]ourts have generally read the terms 'arising out of' or 'relating to' [in] a contract as indicative of an 'extremely broad' agreement to arbitrate any dispute relating in any way to the contract." Griffin v. Burlington Volkswagen, Inc., 411 N.J.

2020Garfinkel, 168 N.J. at 135 ; see also Kernahan, 236 N.J. at 321 (citations omitted) ("A basic tenet of contract interpretation is that contract terms should be given their plain and ordinary meaning."); Roach v. BM Motoring, LLC, 228 N.J. 163, 174 (2017) (citation omitted) (holding courts must determine the parties' intentions when construing the language of the arbitration clause).

2020Garfinkel, 168 N.J. at 135 ; see also Kernahan, 236 N.J. at 321 (citations omitted) ("A basic tenet of contract interpretation is that contract terms should be given their plain and ordinary meaning."); Roach v. BM Motoring, LLC, 228 N.J. 163, 174 (2017) (citation omitted) (holding courts must determine the parties' intentions when construing the language of the arbitration clause).

2019Other interpretive principles need be employed only if the Agreement's plain meaning cannot be determined." Steigerwalt v. Terminix Int'l Co., 246 F. App'x 798, 801 (3d Cir. 2007).

1994See, e.g., Altshul Stern & Co. v. Mitsui Bussan Kaisha, Ltd., 385 F. 2d 158 (2d Cir.1967), in which the court held that tort claims arising out of or related to a breach of contract were arbitrable under an arbitration provision covering "any dispute or difference arising out of or relating to this contract," observing that the plaintiff could not "avoid the language of the arbitration clause by casting its complaint in tort." [ Id. at 159 ] Numerous other cases may be found in which tort claims have been submitted to arbitration under broad form arbitration clauses *406 governed by the FAA.

1994See, e.g., Altshul Stern & Co. v. Mitsui Bussan Kaisha, Ltd., 385 F. 2d 158 (2d Cir.1967), in which the court held that tort claims arising out of or related to a breach of contract were arbitrable under an arbitration provision covering "any dispute or difference arising out of or relating to this contract," observing that the plaintiff could not "avoid the language of the arbitration clause by casting its complaint in tort." [ Id. at 159 ] Numerous other cases may be found in which tort claims have been submitted to arbitration under broad form arbitration clauses *406 governed by the FAA.

1986See Fidelity & Deposit Co. of Maryland v. Parsons & Whitemore Contractors Corp., 48 N.Y.2d 127, 132 , 397 N.E.2d 380, 383 , 421 N.Y.S. 2d 869 , 872-73 (Ct.App.1979) (“It may be that Fidelity could not be compelled to participate in that arbitration ... or ... that fidelity could not force its way into the arbitration proceedings ____ Those issues, however, are not before us”; cf. dissent of Cooke, C.J.: “The incorporation of the subcontract and the language of the arbitration clause necessarily require that fidelity be a party____”).

1986See Fidelity & Deposit Co. of Maryland v. Parsons & Whitemore Contractors Corp., 48 N.Y.2d 127, 132 , 397 N.E.2d 380, 383 , 421 N.Y.S. 2d 869 , 872-73 (Ct.App.1979) (“It may be that Fidelity could not be compelled to participate in that arbitration ... or ... that fidelity could not force its way into the arbitration proceedings ____ Those issues, however, are not before us”; cf. dissent of Cooke, C.J.: “The incorporation of the subcontract and the language of the arbitration clause necessarily require that fidelity be a party____”).