A New Jersey appellate court affirmed the trial court’s order refusing to compel arbitration of a whistleblower dispute despite the existence of an arbitration clause that generally authorized the arbitrator to rule on arbitrability.  Esptein v. Wilentz, Goldman & Spitzer, P.A., No. A-1157-14T1 (N.J. Super. Ct. App. Div. Jan. 22, 2016).  The court reasoned that whether the parties are bound by the arbitration agreement and if so, whether plaintiffs’ whistleblower claims are covered by the arbitration agreement are fact-intensive inquiries.  As a result, the appellate court could not say that the trial court’s order was erroneous at this early stage of litigation.