Earlier this year, in New Prime, Inc. v. Oliveira, 586 U.S. __, 139 S. Ct 532 (2019), the United States Supreme Court held that the Federal Arbitration Act (“FAA”) does not apply to arbitration agreements with independent contractors who are engaged in interstate commerce. The Supreme Court did not address whether such agreements could be enforced through other laws.
Now, two different panels of the New Jersey Appellate Division have rendered decisions addressing this unresolved issue. Those panels, however, reached different conclusions regarding whether the arbitration ...
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