District 65, R. W. D. S. U. v. Paramount Surgical Supply Co.
| Court | New Jersey Superior Court – Appellate Division |
| Citation | 117 N.J.Super. 125,283 A.2d 766 |
| Decision Date | 17 November 1971 |
| Parties | , 79 L.R.R.M. (BNA) 2015, 66 Lab.Cas. P 12,218 DISTRICT 65, R.W.D.S.U., Plaintiff-Appellant, v. PARAMOUNT SURGICAL SUPPLY CO. et al., Defendants-Respondents. |
Page 125
66 Lab.Cas. P 12,218
v.
PARAMOUNT SURGICAL SUPPLY CO. et al., Defendants-Respondents.
Appellate Division.
Decided Nov. 17, 1971.
Page 126
[283 A.2d 767] Nicholas Politan, Jersey City, for appellant (Krieger, Chodash & Politan, Jersey City, attorneys; Lewis C. Stanley, Trenton, on the brief).
David R. Simon, Newark, for respondent Paramount Surgical Supply Corp. (Simon & Allen, Newark, attorneys; Richard B. Goldsmith, Newark, on the brief).
Before Judges CONFORD, MATTHEWS and FRITZ.
Page 127
The opinion of the court was delivered by
CONFORD, P.J.A.D.
The issues in this appeal have been considerably simplified by appellant's warranted concession at oral argument that it is not entitled to judgment on the arbitrators' award. With conspicuous fairness, it concedes that respondents may have been misled by their interpretation of the opinion in John Wiley & Sons, Inc. v. Livingston, 376 U.S. 543, 84 S.Ct. 909, 11 L.Ed.2d 898 (1964), to believe they could with impunity abstain from participation in the arbitration proceedings although duly noticed to participate therein.
However, for future guidance, we here state our considered view that Battle v. General Cellulose Co., 23 N.J. 538, 129 A.2d 865 (1957), is controlling on the procedural issues presented and that Wiley is not in conflict with it.
Battle holds that when a party claims he has a contract with another calling for arbitration of disputes arising thereunder, and proceeds to invoke arbitration in the manner set forth in the alleged contract, there is no preliminary obligation on the demandant for arbitration first to go to court to compel the other party to participate. He may do so, but he is not compelled to. If the decides to proceed with the arbitration on the assumption that he has an agreement calling for it, then the opponent, who takes the position that there is no contract between them or that the dispute is not arbitrable, ignores notice of the arbitration proceeding at his peril of a later judicial determination that there was in fact a contract requiring arbitration of the dispute, and of being subjected to the award, even though he did not participate in the proceeding.
The foregoing does not mean that such a defendant waives his right to a judicial determination that he was under no contractual obligation...
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Laborers' Local Union Nos. 472 and 172 v. Interstate Curb & Sidewalk, Nos. 472 and 172
...could proceed without the consent of one party in order to bind that party. See Dist. 65, R.W.D.S.U. v. Paramount Surg. Sup. Co., 117 N.J.Super. 125, 127-28, 283 A.2d 766 We therefore hold that the arbitration award will not be binding on Cardell if it is found not to be an alter ego of Uni......
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James Stewart Polshek and Associates v. Bergen County Iron Works
...See Battle v. General Cellulose Co., 23 N.J. 538, 129 A.2d 865 (1957); and District 65. R.W.D.S.U. v. Paramount Surgical Supply Co., 117 N.J.Super. 125, 127--128, 283 A.2d 766 Architect argues that it is not a signatory to the agreement between Englewood and Bergen Iron and in absence of su......
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New Jersey Mfrs. Ins. Co. v. Franklin
...and hence is bound by the award. (at 543-544, 129 A.2d at 868; emphasis supplied). In Dist. 65, R.W.D.S.U. v. Paramount Surg. Sup. Co., 117 N.J.Super. 125, 283 A.2d 766 (App.Div.1971), we summarized the holding in Battle in the following Battle holds that when a party claims he has a contra......
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Grover v. Universal Underwriters Ins. Co.
...1242 (1970). Cf. McKeeby v. Arthur, 7 N.J. 174, 180-182, 81 A.2d 1 (1951); Dist. 65, R. W. D. S. U. v. Paramount Surg. Sup. Co., 117 N.J.Super. 125, 283 A.2d 766 (App.Div.1971). See also, Polshek v. Bergen Cty. Iron Works, 142 N.J.Super. 516, 521-523, 362 A.2d 63 The record clearly shows th......
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Laborers' Local Union Nos. 472 and 172 v. Interstate Curb & Sidewalk, Nos. 472 and 172
...could proceed without the consent of one party in order to bind that party. See Dist. 65, R.W.D.S.U. v. Paramount Surg. Sup. Co., 117 N.J.Super. 125, 127-28, 283 A.2d 766 We therefore hold that the arbitration award will not be binding on Cardell if it is found not to be an alter ego of Uni......
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James Stewart Polshek and Associates v. Bergen County Iron Works
...See Battle v. General Cellulose Co., 23 N.J. 538, 129 A.2d 865 (1957); and District 65. R.W.D.S.U. v. Paramount Surgical Supply Co., 117 N.J.Super. 125, 127--128, 283 A.2d 766 Architect argues that it is not a signatory to the agreement between Englewood and Bergen Iron and in absence of su......
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New Jersey Mfrs. Ins. Co. v. Franklin
...and hence is bound by the award. (at 543-544, 129 A.2d at 868; emphasis supplied). In Dist. 65, R.W.D.S.U. v. Paramount Surg. Sup. Co., 117 N.J.Super. 125, 283 A.2d 766 (App.Div.1971), we summarized the holding in Battle in the following Battle holds that when a party claims he has a contra......
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Grover v. Universal Underwriters Ins. Co.
...1242 (1970). Cf. McKeeby v. Arthur, 7 N.J. 174, 180-182, 81 A.2d 1 (1951); Dist. 65, R. W. D. S. U. v. Paramount Surg. Sup. Co., 117 N.J.Super. 125, 283 A.2d 766 (App.Div.1971). See also, Polshek v. Bergen Cty. Iron Works, 142 N.J.Super. 516, 521-523, 362 A.2d 63 The record clearly shows th......