Stanley Weiss, Jerome E. Sharfman and Thomas J. Lennon, Plaintiffs-Respondents v. Carpenter, Bennett & Morrissey…

Summary

The Supreme Court of New Jersey affirmed the Appellate Division, holding that the partnership agreement’s forfeiture provision violates RPC 5.6 and that the arbitrator’s determination of that violation is upheld, while vacating the arbitrator’s finding that Weiss was equitably estopped from challenging the provision. The Court also affirmed the use of an enhanced standard of judicial review for arbitration awards implicating clear public‑policy mandates.