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  • NJ A1138
  • "New Jersey International Arbitration, Mediation, and Conciliation Act."
Introduced
(1/27/2016)
In Committee
(10/13/2016)
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill, the "New Jersey International Arbitration, Mediation, and Conciliation Act," establishes a process for the facilitation and recognition of international alternative dispute resolution in the State of New Jersey. The bill allows public research universities in the State to organize centers, whose principal purpose is to facilitate the resolution of international business, trade, commercial, and other disputes between persons by means of arbitration, mediation, conciliation, and other means as an alternative to the resort to litigation. As defined in the bill, "arbitration" means arbitration, mediation, conciliation, and other forms of dispute resolution as an alternative to international litigation. The bill applies to the arbitration of disputes between: two or more persons at least one of whom is a nonresident of the United States; or two or more persons all of whom are residents of the United States if the dispute: (1) involves property located outside the United States; (2) relates to a contract which envisages enforcement or performance in whole or in part outside the United States; or (3) bears some other relation to one or more foreign countries. The bill does not apply to any dispute pertaining to real property located in this State, unless the parties expressly submit to the resolution of that dispute, or to any dispute involving family or domestic relations law. The bill provides that it may apply to arbitrations that take place outside of the State, if the parties to those arbitrations expressly agree that the laws of this State should apply. The bill provides that conducting arbitration in this State, or making a written agreement to arbitrate which provides for arbitration within this State, shall constitute a consent by the parties to the exercise of in personam jurisdiction by the courts of this State, but only for the purposes of that arbitration. Under the bill, a center shall not be considered a department, agency, or public instrumentality of this State, and shall not be subject to the laws of this State applying to departments, agencies, or public instrumentalities of this State, except that a center shall be subject to all of the laws of this State pertaining to public institutions of higher education. The bill provides that centers must permit the participants to an arbitration to select any body of rules and procedures for the conduct, administration, and facilitation of that proceeding, whether those rules and procedures have been prepared by private arbitral organizations, created by the participants themselves, or by the center. Centers have the authority to establish rules and procedures for the conduct, administration, and facilitation of the resolution of all disputes subject to the bill. The bill also provides that centers have the authority to adopt rules providing, without limitation and by way of illustration only, for the establishment of arbitral tribunals or other panels, which in turn have the authority to establish certain rules and procedures. Arbitral tribunals or other panels also have the power to summon in writing any person to attend before it as a witness and to bring books, papers, records, and documents. Arbitral or other awards or settlements issued pursuant to the bill by a center are to be enforced by the courts of this State as permitted by law and consistent with the Federal Arbitration Act and the enforcement provisions of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, as implemented by the Federal Arbitration Act. If the parties specifically submit to jurisdiction under the bill, a center may require those parties residing in countries not signatories to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and not having sufficient assets otherwise within the jurisdiction of the courts of this State, to post bonds or other security.
Judiciary, 2nd Reading in the Assembly, Substituted by another Bill
Substituted by S602 (1R)  (on 12/19/2016)
 
 
Date Chamber Action Description
12/19/2016 A Substituted by S602 (1R)
10/13/2016 A Reported out of Assembly Comm. with Amendments, 2nd Reading
10/13/2016 Assembly Judiciary Hearing (10:00 10/13/2016 Committee Room 12, 4th Floor)
1/27/2016 A Introduced, Referred to Assembly Judiciary Committee
Date Motion Yea Nay Other
Detail 10/13/2016 Assembly Judiciary Committee: Reported with Amendments 7 0 0