Adam E. Witkov | Michael Best & Friedrich When disputes arise in business, arbitration can be beneficial over litigation. It can provide a more streamlined, cost-effective, and confidential way to resolve conflicts. To ensure that this serves your interests, it’s crucial to understand how to set it up effectively. Arbitration is an alternative to litigation as a means… Continue reading How to Make Arbitration Work for You
Category: Arbitration
American Arbitration Association Amends Construction Industry Arbitration Rules
Adam Ennis | Steptoe & Johnson Many construction contracts call for disputes to be decided by arbitration under the auspices of the American Arbitration Association (AAA). In 2024, the AAA amended its rules governing AAA construction industry arbitrations. Space limitations prevent full recitation of those changes, but a short discussion of some of the more… Continue reading American Arbitration Association Amends Construction Industry Arbitration Rules
The Finality of Arbitration: Supreme Court of South Carolina Curbs Arbitration Panel’s Authority
David W. Owen and Will White | BuildSmart One of the several attractive aspects of arbitration is the finality of the decision. With limited grounds to appeal or vacate an arbitration award, litigants can generally expect a final award to end any controversy between them. There are, however, rare situations where an arbitration decision is… Continue reading The Finality of Arbitration: Supreme Court of South Carolina Curbs Arbitration Panel’s Authority
Should I Stay or Should I Go? The Supreme Court Says “Stay”
Brendan J. Witry | The Dispute Resolver In the construction industry, arbitration is a frequently agreed-upon and utilized dispute resolution method. The Federal Arbitration Act (the “FAA”), 9 U.S.C. 1, et seq., provides the underpinning and framework for how courts should handle litigation in connection with arbitration agreements. Where a party asserts that a claim brought… Continue reading Should I Stay or Should I Go? The Supreme Court Says “Stay”
U.S. Supreme Court: District Courts Must Stay (And May Not Dismiss) Lawsuits Sent To Arbitration
Gregory P. Feit | Reavis Page Jump Earlier this month, in Smith v. Spizzirri, the U.S. Supreme Court held that Section 3 of the Federal Arbitration Act (FAA) requires district courts to stay a lawsuit pending arbitration when asked by a party to do so, and that district courts lack the inherent authority to instead dismiss… Continue reading U.S. Supreme Court: District Courts Must Stay (And May Not Dismiss) Lawsuits Sent To Arbitration