New Jersey Arbitrations Inc. applies special rules for consumer arbitrations. These special rules reflect that potential issues in consumer arbitrations are typically more straightforward than in arbitrations of disputes between two or more businesses. The consumer arbitration, therefore, will be between one of more individuals, on the one hand, versus one or more businesses, on the other.
The special rules of New Jersey Arbitrations Inc. for consumer arbitrations are identical to the consumer rules issued by the American Arbitration Association for consumer arbitrations, with these exceptions:
- Businesses are not required to submit their forms of agreement to New Jersey Arbitrations Inc. in advance, and they are not required to obtain advance approval for use of those forms of agreement;
References in consumer rules issued by the American Arbitration Association for consumer arbitrations to the American Arbitration Association are understood, where context requires, to refer to New Jersey Arbitrations Inc.
Demands for Arbitration are to be filed using the address on the demand form or, to
New Jersey Arbitrations Inc.
100 Bayard Street
P.O. Box 1030
New Brunswick NJ 08903-1030;
The arbitration fee schedule for administering the arbitration will be as set forth on the fees page on this site, and not as listed in the rules of the American Arbitration Association; and
- In recognition of the often unequal bargaining power between consumers and businesses, New Jersey Arbitrations Inc. will examine agreements in consumer contracts for basic fairness and not apply, or reform, clauses that are inherently unfair to the consumer. Examples of inherent unfairness are when the agreement does one or more of the following:
- Provide an unreasonably short window for notifying the business that an issue exists, when such notification is required;
- Specify unreasonably complicated means for notifying the business that an issue exists, when such notification is required;
- Specify exclusions from liability when those exclusions are contrary to public policy. An example of such exclusions would be disclaimer of liability for personal injury arising from defects in the product.
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