Gaary Nadler | JAMS Arbitration is meant to be expeditious and to avoid the time and expense associated with proceeding in court. While that is still the goal, at times the speed of the arbitration process can vary significantly. As a preliminary matter, an arbitration agreement is a contract, generally governed by contract law and… Continue reading Arbitration Is Meant To Be Expeditious, But Is It Really?
Category: Arbitration
Standard Contract Waiver Analysis Applies To Arbitration Agreements
Clara Rademacher and Joshua Rodine | Seyfarth Seyfarth Synopsis: The California Supreme Court reaffirmed that arbitration agreements are on equal footing with other types of contracts. Therefore, a court should apply the same principles that apply to other contracts to determine whether the party seeking to enforce an arbitration agreement has waived its right to… Continue reading Standard Contract Waiver Analysis Applies To Arbitration Agreements
Quick Note: Staying, Not Dismissing, Arbitrable Disputes Under Federal Arbitration Act
David Adelstein | Florida Construction Legal Updates As you hopefully know from posted articles, arbitration is a creature of contract. Stated differently, there must be a contractual basis to have a dispute resolved through binding arbitration. The Federal Arbitration Act (FAA) applies to transactions involving interstate commerce. Oftentimes, lawsuits are filed despite an arbitration provision in a contract because… Continue reading Quick Note: Staying, Not Dismissing, Arbitrable Disputes Under Federal Arbitration Act
Contractor Prevails Against Owner In Arbitration Successfully Arguing Modification Of The Contract Based Upon The Parties’ Course Of Conduct
Robert Fryman and Danielle Marlow | Moritt Hock & Hamroff Often, the performance by parties to a contract varies from the written terms and conditions of the contract in slight, immaterial ways. Occasionally, the parties’ performance, either individually or collectively, may vary significantly from the contract’s express terms, giving rise to disputes and claims of… Continue reading Contractor Prevails Against Owner In Arbitration Successfully Arguing Modification Of The Contract Based Upon The Parties’ Course Of Conduct
No More Discretion: US Supreme Court Rules Cases Sent To Arbitration Must Be Put On Hold
Martin Gusy and Camille M. Ng | Bracewell Do federal courts have the discretion to dismiss lawsuits once it is determined that all underlying claims are covered by mandatory arbitration agreements? The answer is “no,” according to the outcome of the unanimous decision from the US Supreme Court in Smith v. Spizzirri. Specifically, the decision, authored… Continue reading No More Discretion: US Supreme Court Rules Cases Sent To Arbitration Must Be Put On Hold