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As we have previously written, N.J.L.J. Nov. 19, 2018, the published opinion in Flanzman v. Jenny Craig, Inc., 456 N.J. Super. 613 (App. Div. 2018), introduced a new element by which arbitration clauses in New Jersey were to be judged. Despite explicit provisions in the Federal Arbitration Act and the New Jersey Revised Uniform Arbitration Act (as well as prior acts and Appendix XXIX-B to the Court Rules) providing a solution to the perceived problem, the court required that clauses must either select the forum or arbitrator to decide the dispute to be arbitrated or specify a means of designating the arbitrator.

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