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You are here: Home / Arbitration / Court Decisions / Arbitration Process Issues / ADR UMPIRE HAS AUTHORITY TO DETERMINE ENFORCEABILITY OF SETTLEMENT AGREEMENT

ADR UMPIRE HAS AUTHORITY TO DETERMINE ENFORCEABILITY OF SETTLEMENT AGREEMENT

July 2, 2009 by Carlton Fields

Constructamax, Inc. (“CMAX”), joined by Arch Insurance Company and Arch Reinsurance Company, filed a motion in federal district court to enforce a purported settlement agreement reached with Whitlock Mills LP (“Whitlock”) prior to the commencement of an Alternative Dispute Resolution (“ADR”) proceeding . Whitlock acknowledged the settlement discussion, but denied the existence of an enforceable settlement agreement. The district court ultimately denied CMAX’s motion, ruling that pursuant to the plain language of The New Jersey Alternative Procedure for Dispute Resolution Act, the ADR umpire had full jurisdiction to decide the enforceability of the purported settlement agreement. Deluxe Building Sys., Inc. v. Constructamax, Inc., Case No. 06-2996 (USDC D.N.J. June 2, 2009).

This post written by Dan Crisp.

Filed Under: Arbitration Process Issues

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