New Jersey Arbitration Handbook

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First-hand guide to arbitration for practitioners and arbitrators alike, written from the perspective of what an experienced arbitrator looks for in the hearing process.

New Jersey Arbitration is a firsthand guide to arbitration for practitioners and arbitrators alike, written from the perspective of what an experienced arbitrator looks for in the hearing process. Judge Dreier, a retired Presiding Judge of the Appellate Division of the Superior Court of New Jersey, is a long-time arbitrator and mediator. He provides helpful advice with tips on what you can expect in a typical hearing and what will be expected of you.

Robert Bartkus joins Judge Dreier in this new edition, which has been reorganized, revised, and expanded with additional material and cases.

New sections on drafting and litigating arbitration agreements in New Jersey devote particular attention to specific requirements imposed by the relevant New Jersey statutes and recent cases in New Jersey state and federal courts, including the Third Circuit. New sections also expand the details distinguishing arbitration under federal law and the two principal New Jersey statutes, including comparing motion practice in the state and federal courts and the varying standards for compelling arbitration or vacating or modifying an award.

Throughout, the Handbook continues to provide practical guidance for each phase of the arbitration process. As in prior editions, the text identifies specific Commercial Rules of the American Arbitration Association that may relate to an issue, but this year the text also contrasts those specifics with the rules of other divisions and other providers. The appendices continue to include the text of key rules and statutes, making the Handbook a “must have” at any arbitration hearing. This year, the appendix summaries of recent cases is enhanced by a subject index of the most recent published and unpublished cases (through December 2016) and their official, WestLaw or LEXIS citations, including any appellate changes from the first quarter of 2017.

Additional Information
SKU JARB18
Division Name New Jersey Law Journal
Volumes 0
Product Types Books
Brand New Jersey Law Journal
Publication Date April 28, 2018
Jurisdiction New Jersey
ISBN 978-1-62881-459-0
Page Count 852
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Robert E. Bartkus
Robert E. Bartkus is Of Counsel to McCusker, Anselmi, Rosen Carvelli, P.C. (and a former member of Dillon, Bitar Luther, L.L.C.) in Florham Park, New Jersey, where he has concentrated in commercial litigation and now devotes his practice to mediation and arbitration. He graduated in 1968 with honors in economics from Swarthmore College, where he was an Open Scholar, and in 1976 from Stanford Law School, where he was co-articles editor on the 28 Stan. L. Rev. 285 (Jan. 1976), was prescient regarding contemporary monopolization issues and coined the term “predatory innovation.” He began New Jersey Civil Practice as a project of the NJSBA Federal Practice Committee (now section) and has been an editor of the ALM publication New Jersey Federal Civil Procedure since 1999, initially a hardbound book and now an annual soft cover. A contributor to the New Jersey Law Journal on federal procedural issues, Mr. Bartkus is a member of its editorial board. He also has been a frequent author and lecturer on federal procedure and arbitration, including “Drafting International Arbitration Clauses” in magazine, and an arbitrator and mediator for the U.S. District Court. Mr. Bartkus is past chair of the New Jersey State Bar Association’s Federal Practice and Procedure Section and the New Jersey Supreme Court Ethics and Fee Arbitration (chair) committees in Morris County. He is a Vice President of the Historical Society of the U.S. District Court and a Master in the John Lifland Intellectual Property Inn of Court. He has served as an arbitrator on scores of federal, NASD, and AAA matters over three decades. In 2016, he was elected as a Fellow of the College of Commercial Arbitrators. He served as a Lieutenant in the United States Navy from 1968 to 1972.
William A. Dreier

The author William A. Dreier is currently a member of Norris, McLaughlin & Marcus, P.A., a law firm of approximately 140 attorneys throughout New Jersey, New York, and Pennsylvania. Known as a former Judge of the Appellate Division of the Superior Court of New Jersey, he is now retired after having served more than 25 years on the bench.  Previous to his career in the Superior Court of New Jersey, Judge Dreier received his law degree from Columbia Law School, graduating as a Harlan Fiske Stone Scholar after first earning a degree from MIT in Business and Engineering Administration with a concentration in Mechanical Engineering.

In the domain of Alternate Dispute Resolution (ADR), Judge Dreier is a member of the prestigious College of Commercial Arbitrators, an arbitrator and mediator for the American Arbitration Association (AAA) (Commercial Panel, Class Action Panel, Large and Complex Case Panel, and Wireless Telecommunications Panel), and also hears cases regarding the AAA’s International Centre for Dispute Resolution. With experience and knowledge acquired after years of specializing in all areas of civil litigation, he has also been designated as a Distinguished Neutral by the International Institute for Conflict Prevention and Resolution (CPR), and a Certified Mediator for the United States District Court, District of New Jersey, and International Mediation Institute. He is accredited by CEDR (London, UK), and has been an I.C.C Arbitrator (Singapore), as well as a member of the New Jersey Association of Professional Mediators and the National Academy of Distinguished Neutrals.

His accomplishments include a plethora of awards and accolades including the highest award given to a New Jersey Attorney, the Medal of Honor, which he received in 2008. In 2009, he was also given the first annual William A. Dreier Award for Excellence in the field of Products Liability from the NJSBA, and in 2010 was named the recipient of the Professor James B.  Bosky Award as ADR Practitioner of the Year.  Now Judge Dreier also stands as an author of various published articles belonging to both national and local magazines, as well as annual books within his field ranging from 1977 to date.  Apart from this he is also a frequented lecturer on ADR for the New Jersey Institute for Continuing Legal Education (NJICLE), serves as Master and Counselor of the Justice Marie L. Garibaldi ADR Inn of Court, and is a Life Member of the American Law Institute and the American Bar Foundation.


Chapter 1: Overview of Arbitration in the Dispute Resolution Process
Chapter 2: Commencing the Arbitration
Chapter 3: Before the Hearing
Chapter 4: Evidence Law Considerations
Chapter 5: Selected Evidence Provisions
Chapter 6: The Hearing
Chapter 7: Additional Considerations at the Hearing
Chapter 8: After the Arbitration Hearing
Chapter 9: Other Arbitration Regimes

Appendix 1: American Arbitration Association Commercial Arbitration Rules and Mediation Procedures
Appendix 2: American Arbitration Association Supplementary Rules for Class Arbitrations
Appendix 3: AAA/ICDR Arbitration Rules
Appendix 4: AAA Code for Ethics for Arbitrators in Commercial Disputes
Appendix 5: Federal Arbitration Act, 9 U.S.C. §§ 1-16
Appendix 6: Revised New Jersey Arbitration Act, N.J.S.A. 2A:23B-1 to 32
Appendix 7: Summaries of New Jersey Arbitration Cases 2006-2017 
Appendix 8: Recent Case Law Index 2016-2017
Table of Cases
Table of Statutes and Rules
Index

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