David Adelstein | Florida Construction Legal Updates If there is an arbitration provision in your contract that you want to enforce, you do not want to take action inconsistent with those rights as this could give rise to a waiver argument, i.e., that you waived your rights to arbitrate, particularly if the other party has been prejudiced. Under… Continue reading Waiving the Right to Arbitrate Under Federal Law
Category: Arbitration
Group, Class and Collective Arbitration: Recent Developments in US Commercial Arbitration
Martin J. Valasek and Ernesto M. Hernandez | Norton Rose Fulbright Group arbitration can offer certain advantages over class litigation (not least, the ability to enforce awards across multiple jurisdictions). However the consent-based nature of arbitration can lead to jurisdictional obstacles for such claims. This article explores the US line of authorities dealing with group… Continue reading Group, Class and Collective Arbitration: Recent Developments in US Commercial Arbitration
No Waiver of Arbitration Right and Arbitrability Determination for Arbitrator
Paul C. Besozzi | Squire Patton Boggs Many courts have noted the liberal policy in favor of arbitration over litigation. However, even where both parties concede that there is a valid arbitration agreement, the right to compel arbitration can be waived. Absent waiver, there remains the question of whether the dispute at issue falls within… Continue reading No Waiver of Arbitration Right and Arbitrability Determination for Arbitrator
Arbitration Provisions in Colorado Construction Contracts: Implications on Challenges to an Arbitrator’s Jurisdiction
Kelly Smith | Snell & Wilmer Many construction contracts include provisions requiring the parties to arbitrate disputes relating to the contract or construction project rather than bringing their claims in a court of law. Often times, the arbitration provisions specify which arbitral body will decide the claims and which arbitration rules will govern. The American… Continue reading Arbitration Provisions in Colorado Construction Contracts: Implications on Challenges to an Arbitrator’s Jurisdiction
Concurrent Delay in the Americas: Is There a Continental Shift?
Ted Scott and Meera Wagman | Global Arbitration Review This is an extract from the 2022 edition of The Arbitration Review of the Americas. The whole publication is available here. In summary This article will address how concurrent delay is defined and how it is applied in different parts of the Americas. It will also discuss pitfalls,… Continue reading Concurrent Delay in the Americas: Is There a Continental Shift?