Category: Arbitration

Parties to an Agreement to Arbitrate May be Compelled to Arbitrate with Non-Parties

Paul R. Cressman, Jr. | Ahlers Cressman & Sleight In a recent case decided by Division III of the Washington Court of Appeals, David Terry Investments, LLC – PRC v. Headwaters Development Group LLC,[1] the court held that parties to an arbitration agreement can be compelled to arbitrate related claims with non-parties to the agreement based on… Continue reading Parties to an Agreement to Arbitrate May be Compelled to Arbitrate with Non-Parties

Alternative Dispute Resolution: Mediation, Arbitration, and Appraisal

Tom Oster | Harris Bricken Over the years, “Alternative Dispute Resolution” (ADR) has become more and more prevelant in both contract drafting as well as litigation. Far from being an “alternative,” most disputes at some point will involve some degree of ADR, whether required by contract, by the courts, or driven by the costs of… Continue reading Alternative Dispute Resolution: Mediation, Arbitration, and Appraisal

You Can’t Run From That Arbitration Covenant Running With The Land

Matthew Meyer | Shutts & Bowen In a recent case, the Florida Supreme Court held that an arbitration covenant contained in a developer’s original deed also bound the second owner. The case serves as a good reminder that, although a subsequent owner of residential property might not think to even review the original deed, such… Continue reading You Can’t Run From That Arbitration Covenant Running With The Land

Arbitration v. Litigation: Dispute Resolution Considerations for Construction Professionals

Nicolas Bohorquez | Freeman Mathis & Gary An often-overlooked side effect of litigation, particularly in the construction industry, is the impact that it has on day-to-day operations. The more involved and protracted the litigation, the more your company must reallocate its resources (i.e. time and money) to tend to the litigation instead of focusing on projects that generate revenue.   Despite the headache, litigation serves a necessary purpose to protect what… Continue reading Arbitration v. Litigation: Dispute Resolution Considerations for Construction Professionals

Attacks on Contract’s Validity are Likely Insufficient to Overcome the Binding Effect of the Contract’s Arbitration Provision

Alexander Thrasher | Bradley A recent opinion from the Court of Appeals of Georgia illustrates that contracts entered into with an unlicensed contractor, which are often unenforceable by an unlicensed contractor under many states’ laws, likely will not defeat the Federal Arbitration Act’s (FAA) deference to arbitration as the forum for determining whether a contract… Continue reading Attacks on Contract’s Validity are Likely Insufficient to Overcome the Binding Effect of the Contract’s Arbitration Provision