Legal Opinion · Dissent
Barcon Associates, Inc. v. Tri-County Asphalt Corp.
Supreme Court of New Jersey
Decided May 28, 1981Published
1DissentClifford, J.
Presented with the opportunity to fuse the applicable law with the real world of long-standing, successful commercial practice, the Court has chosen instead to “throw a monkey wrench into the gears” of tripartite commercial arbitration. See Kearny PBA Local # 21 v. Town of Kearny, 81 N.J. 208, 227 (1979) (Pashman, J., concurring). The majority’s panegyric on impartiality overrules our settled case law going back at least three score years and eight, reformulates our arbitration statute and judicial interpretation thereof, takes liberties with decisional authority from other jurisdictions,…
2Cases cited26 opinions
- Commonwealth Coatings Corp. v. Continental Casualty Co.Supreme Court of the United States · 1969
- Kearny PBA Local 21 v. Town of KearnySupreme Court of New Jersey · 1979
- In Re Arbitration Between Astoria Medical Group & Health Insurance PlanNew York Court of Appeals · 1962
- In Re Arbitration Between Grover and Universal Underwriters Ins. Co.Supreme Court of New Jersey · 1979
- International Produce, Inc., and Cross-Respondent-Appellee v. A/s Rosshavet, Owners of the S.S. Ross Isle, and CrossCourt of Appeals for the Second Circuit · 1981
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