N.J.R. Associates v. Tausend

*600OPINION OF THE COURT

Graffeo, J.

We are asked in this case to determine what is the appropriate forum to resolve a statute of limitations challenge to counterclaims interposed in an arbitration proceeding—the arbitrator or a court. Based on the particular facts presented, we hold that the timeliness question is to be decided by the arbitrator.

I

Ronald Tausend and his two children, Nicole and Jeffrey Tausend, were the beneficiaries of a trust that was established by Ronald’s mother. Ronald was entitled to most of the trust’s income during his lifetime, with the balance of income reserved for his…