January 23, 2022
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Who May Represent a Party in Arbitration? | New Jersey Law Journal - Law.com

Who may represent a party in arbitration in New Jersey is a recurring issue without a definitive answer. Looking at arbitration’s historic roots in medieval guilds and contemporary business associations, parties in commercial arbitration have been allowed to select a representative that best fits their needs and predilections, whether the party is an individual or an entity or the representative is a lawyer, accountant, financial advisor or other professional. The commercial rules for some of the best-known arbitration forums, such as the American Arbitration Association, JAMS, or the CPR, reflect this flexibility, though the AAA rules acknowledge the obvious caveat—that a party’s choice of representation will be respected unless otherwise affected by “law,” such as a statute or ethics or other rule.

And there is the rub: the New Jersey court rules contain specific regulation of the representation issue in court. Individuals and sole proprietorships may appear pro se, but they may not be “represented” in court by anyone other than a lawyer. Indeed, except in small claims court, entities such as partnerships, corporations or LLCs may not “appear” in court except through an attorney, and the exception in Small Claims Court, a division of the Special Civil Part, is limited to LLCs.

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source: https://www.law.com/njlawjournal/2022/01/23/who-may-represent-a-party-in-arbitration/

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