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ARISTA MARKETING v. PEER GROUP INC.

720 A.2d 659 (1998)

316 N.J. Super. 517

ARISTA MARKETING ASSOCIATES, INC. and Philip J. Curcura, Plaintiffs-Respondents, v. The PEER GROUP, INC. and Barry Fry, Defendants-Appellants. The PEER GROUP, INC. and Barry J. Fry, Plaintiffs-Appellants, v. ARISTA MARKETING ASSOCIATES, INC. and Philip J. Curcura, Defendants-Respondents, and Kenneth Arlein, Stephen Knox, and American Arbitration Association, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided December 9, 1998.

Attorney(s) appearing for the Case

Ambrose Richardson, for appellants (Richardson, Mahon, Casey & Rooney, of the New York Bar, pro hac vice, New York City, attorneys; Rabner, Allcorn, Baumgart & Ben-Asher, Montclair, co-counsel; Mr. Richardson and David Owen, Montclair, on the brief).

Robert E. Rochford, Hackensack, for respondents (Wine, Banta, Rizzi, Hetherington & Basralian, attorneys; Mr. Rochford and Brian J. Neff, on the brief).

Before Judges WALLACE, NEWMAN and FALL.

The opinion of the court was delivered by FALL, J.S.C. (temporarily assigned).

In these separate commercial arbitration appeals, consolidated for opinion purposes, we examine the court's authority for the pre-arbitration removal of a party-appointed arbitrator, designated pursuant to the tripartite arbitration procedures set forth in the corporate dissolution agreement of the parties. We also consider whether the pre-arbitration...

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