On this date in 2008, the Supreme Court of New Jersey decided Wein v. Morris, 194 N.J. 364 (2008). That case involved an order dismissing a lawsuit and directing that the matter be arbitrated pursuant to an arbitration agreement between the parties. Thus, it was a final order as generally understood, and was immediately appealable.
However, as Justice Wallace noted in his opinion for the Court, the Arbitration Act then provided that “upon determining that the matter should be referred to arbitration, the court should have stayed the action ‘until an arbitration has been had in accordance with the terms of the agreement.’ N.J.S.A. 2A:24-4.” Had the lower court followed that provision of the Arbitration Act and stayed the case rather than dismissing it, the order mandating arbitration would not have been final since the case would not have been concluded on all issues as to all parties.
The Court found that “there should be a uniform approach with respect to the right to appeal an order for arbitration.” Accordingly, the Court found it appropriate to announce that “whether the court in compelling arbitration dismisses the action as part of a final order or stays the matter, the order will be deemed final and appealable as of right.” The Court amended Rule 2:2-3(a) to add orders compelling arbitration to the list of orders that are deemed final judgments for appeal purposes.
Recently, the Court took this ruling still further. Counsel need to be aware that orders relating to arbitration are now final and immediately appealable, or risk losing the chance to appeal those orders.