Bryce L. Friedman and Karen Cestari | Simpson Thacher & Bartlett Preliminary and jurisdictional considerations in insurance litigation Fora In what fora are insurance disputes litigated? Most insurance disputes are litigated in state or federal trial courts. An insurance action may be subject to original federal court jurisdiction by virtue of the federal diversity statute,… Continue reading First-Step Analysis: Bringing Insurance Litigation Proceedings in USA
Category: Arbitration
Supreme Court Rules That District Courts Must Stay Proceedings Pending Interlocutory Appeals Of Denials Of Motions To Compel Arbitration
Paul Chappell, Jonathan Y. Ellis and Matthew Anger | McGuireWoods On June 23, 2023, the Supreme Court issued a decision in Coinbase, Inc. v. Bielski, No. 22-105, 2023 WL 4138983 (U.S. June 23, 2023), that will provide further protection for parties seeking arbitration. The issue presented to the Court was whether a district court must stay… Continue reading Supreme Court Rules That District Courts Must Stay Proceedings Pending Interlocutory Appeals Of Denials Of Motions To Compel Arbitration
Motion to Compel Arbitration Denied? District Court Proceedings Automatically Stayed Pending Appeal
Alexander G. Thrasher | BuildSmart Although many construction contracts contain arbitration provisions, it is not always clear whether a particular dispute is subject to arbitration and, in some cases, a party may seek to litigate a dispute rather than demand arbitration. In those cases, a defendant may move to compel the dispute to arbitration and… Continue reading Motion to Compel Arbitration Denied? District Court Proceedings Automatically Stayed Pending Appeal
Another Win for Arbitration at U.S. Supreme Court
John S. Delikanakis | Snell & Wilmer On June 23, 2023, the U.S. Supreme Court held in Coinbase v. Bielski that U.S. district court proceedings are automatically stayed during a non-frivolous appeal of a denied motion to compel arbitration. The Court’s decision can be read here. Section 16(a) of the Federal Arbitration Act (FAA) authorizes the immediate appeal… Continue reading Another Win for Arbitration at U.S. Supreme Court
Spotlight: Alternatives to Litigation in USA
Perry J. Goffner and Timothy G. Cameron | Cravath, Swaine & Moore All questions Alternatives to litigation i Overview Given the time, disruption and expense associated with litigation, some parties opt to settle their disputes out of court through ADR procedures. Arbitration and mediation are the most common alternatives. ii Arbitration Arbitration is the submission… Continue reading Spotlight: Alternatives to Litigation in USA