Law Division judges have the authority to determine if there is an agreement to arbitrate and, in the absence of an agreement, to interpret FINRA's customer and industry codes to determine if a party can be compelled to arbitrate.
N.J. SUPERIOR COURT, APPELLATE DIVISION
Merrill Lynch, Pierce, Fenner & Smith Inc. v. Cantone Research Inc.
New Jersey Law Journal
July 5, 2012