Howard Wein had an agreement with property owner Jack Morris regarding payment of a commission for bringing possible future tenants to view Morris's property. Allegedly, Morris himself eventually found tenants directly and leased his properties without acknowledging or paying Wein. Wein in turn brought suit against Morris, claiming that their agreement was illegally terminated and his business relationships with the possible tenants were interfered with.
However, the commission agreement between Wein and Morris contained arbitration clauses. Both Wein and Morris went to court and, although the litigation lasted five years, neither party ultimately favored arbitration. However, the judge (ignoring the objections of both parties) demanded arbitration and dismissed the lawsuit. Both parties then engaged in arbitration and Wein was awarded his commissions.
Subsequently, Morris appealed, stating that the court's decision regarding arbitration ought to be reversed because both parties had waived their right to arbitration. How do you think the court responded to Morris's appeal? Does the arbitration still stand even though the parties originally waived arbitration?
Wein v. Morris, 388 N.J. Super 640 (App. Div. 2006).