2A:23E-4 Applicability of act.

311 words·~1 min read·/nj/title-2a/chapter-23e/2a-23e-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

4. a. This act shall apply only to the arbitration of disputes between:

(1)two or more persons at least one of whom is a nonresident of the United States; or

(2)two or more persons all of whom are residents of the United States if the dispute:

(a)involves property located outside the United States;

(b)relates to a contract which envisages enforcement or performance in whole or in part outside the United States; or

(c)bears some other relation to one or more foreign countries.

b. Notwithstanding subsection a. of this section, this act shall not apply to the arbitration of:

(1)any dispute pertaining to the ownership, use, development, or possession of, or a lien of record upon, real property located in this State, unless the parties expressly submit the resolution of that dispute to this act; or

(2)any dispute involving family or domestic relations law.

c. If, in any arbitration within the scope of this act, reference must be made, under applicable conflict of laws principles, to the arbitration law of this State, that reference shall be to this act.

d. This act shall apply to any arbitration within the scope of this act, without regard to whether the place of arbitration is within or without this State:

(1)if the written undertaking to arbitrate expressly provides that the laws of this State shall apply;

(2)in the absence of a choice of law provision applicable to the written undertaking to arbitrate, if that undertaking forms part of a contract the interpretation of which is to be governed by the laws of this State; or

(3)in any other case, any arbitral tribunal or other panel established pursuant to this act that decides under applicable conflict of laws principles that the arbitration shall be conducted in accordance with the laws of this State.

L.2017, c.1, s.4.