NJ Supreme Court enforces arbitration agreement despite failure to specify forum

On September 11, in a unanimous decision, the New Jersey Supreme Court found that New Jersey law doesn’t require an arbitration agreement to identify the arbitrator, name the arbitral forum, describe the arbitrator selection process, or provide for the governing law, so long as it includes a clear and unmistakable waiver of the right to a jury or other civil trial of the claims. The ruling reverses an appellate panel that found the arbitration agreement unenforceable because it didn’t designate an arbitral forum.

Background

In 2017, Marilyn Flanzman quit her job at Jenny Craig after her hours were reduced. She then filed suit alleging age discrimination, constructive discharge, discriminatory discharge, and harassment under the New Jersey Law Against Discrimination (NJLAD). Jenny Craig asked the court to dismiss the suit and compel arbitration, relying on Flanzman’s agreements to arbitrate claims and waive her right to have a “jury or other civil trial” determine “any and all claims and controversies arising out of her employment.”