The state court's holding, that the existence of an arbitration agreement in an employment contract does not prohibit judicial review of the underlying agreement, disregards Supreme Court precedents on the Federal Arbitration Act, which provide that while the validity of an arbitration provision is subject to initial court determination, the validity of the remainder of the contract is for the arbitrator to decide.
U.S. SUPREME COURT
Nitro-Lift Technologies, L.L.C. v. Howard
New Jersey Law Journal
November 28, 2012