In a Decision – Curran v. Curran. (an "Reported Decision") >> the Court Held:
Even though the parties’ agreement acknowledged the applicability of the Arbitration Act, a handwritten provision referenced to a right to appeal. The Appellate Division referenced to the unenforceable clause inserted by counsel into an agreement to arbitrate entered pursuant to the New Jersey Arbitration Act (Act), N.J.S.A. 2A:23B-1 to -32. The Appellate Division determined that the parties could not create subject matter jurisdiction not authorized by the legislature, and accordingly ruled that the only appellate recourse from an arbitration award was to the trial court. The court further ruled that the trial court properly severed the parties' handwritten provision in enforcing the parties' intent to arbitrate their issues. The court agreed that there were no grounds to vacate the award.
Parties may not bypass the trial court and seek immediate appellate review. The parties cannot create subject matter jurisdiction by agreement. "The authority of a court to hear and determine certain classes of cases rests solely with the Constitution and Legislature." Weinstock v. Weinstock, 377 N.J. Super. 182, 190 (App. Div. 2005). The Act does not permit a direct appeal from an arbitrator's decision. The only recourse available to the parties is the review by the trial court provided under the statute.