Prospective Additional Insureds may be Obligated to Arbitrate Coverage Disputes

Danielle S. Ward | Balestreri Potocki & Holmes The Court of Appeal closed out 2019 by ruling that an additional insured can be bound to the arbitration clause in a policy when a coverage dispute arises between that additional insured and the carrier. (Philadelphia Indemnity Ins. Co. v. SMG Holdings, Inc. (2019) 44 Cal. App. 5th… Continue reading Prospective Additional Insureds may be Obligated to Arbitrate Coverage Disputes

Is Arbitration on the Briefs Right for your Client?

Megan K. George | Forum on Construction Law As clients increasingly demand options for timely, efficient dispute resolution, attorneys need to stay apprised of all available alternatives. Private arbitration was developed with efficiency in mind and has become wildly popular in the construction industry, providing parties a means to avoid delays caused by backlog in… Continue reading Is Arbitration on the Briefs Right for your Client?

In Brief: Enforcing and Challenging Arbitral Awards in USA

Matthew E. Draper | Draper & Draper Proceedings subsequent to issuance of award Interpretation and correction of awards Does the arbitral tribunal have the power to correct or interpret an award on its own or at the parties’ initiative? What time limits apply? Most institutional rules grant tribunals a limited amount of time to correct… Continue reading In Brief: Enforcing and Challenging Arbitral Awards in USA

In Brief: Arbitration Formalities in USA

Robert J. Ward and Robert M. Abrahams | Schulte Roth and Zabel Arbitration UNCITRAL Model Law Is the arbitration law based on the UNCITRAL Model Law? Congress enacted the Federal Arbitration Act (FAA) in 1925 to validate agreements to arbitrate and to provide mechanisms for their enforcement. The Supreme Court has held that the FAA… Continue reading In Brief: Arbitration Formalities in USA

Don’t Let the Distance Destroy Your Communication — Lessons Learned from Arbitration by Zoom

Brenda Radmacher | Forum on Construction Law Is “Remote Arbitration” an oxymoron? Or is it the wave of the future?  While most of the ADR rules allow for video presentation of evidence in an arbitration, there is little guidance on full hearings being conducted through remote procedures. In the past, parties have agreed to present… Continue reading Don’t Let the Distance Destroy Your Communication — Lessons Learned from Arbitration by Zoom