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WARNING! Time to Appeal Orders Compelling or Denying Arbitration Is NOW

By Fernando M. Pinguelo and Andrew D. Linden

The Supreme Court of New Jersey recently delivered a clear message regarding the time within which to appeal decisions concerning arbitration: Any order compelling or denying arbitration is deemed final and appealable as of the date entered, even if the arbitration order is limited to some, but not all, claims and parties.

In GMAC v. Pittella, 205 N.J. 572 (2011), the court clarified any previous confusion regarding whether an order compelling arbitration as to one or more parties, but not all parties, is final for purposes of appeal. New Jersey's position on this issue is rather unique, as it joins Maryland as the only other state to decide definitively that orders affecting the rights of some parties or claims, but not all, are final for purposes of appeal. See Thompson v. Witherspoon, 12 A.3d 605 (Md. App. 2011).

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