Gilbert Samberg | Mintz If we needed a reminder of why the “delegation” question – i.e., whether parties have agreed that gateway arbitrability issues should be adjudicated in the first instance by an arbitrator rather than by a court – is important, a recent decision by the Fifth Circuit Court of Appeals should do the… Continue reading The Mischief That Arbitrators May Do: Clause Construction Award Enables Class Arbitration
Category: Arbitration
INSIGHT: Best Practices for Conducting Remote Arbitration Hearings
Jessica Sabbath and Brianna E. Kostecka | The Dispute Resolver Two King & Spalding attorneys were one week into a two-week arbitration hearing when New York City shut down due to the coronavirus pandemic. They learned valuable lessons from continuing the hearing via video and share their experience and some tips. ********* Most businesses must… Continue reading INSIGHT: Best Practices for Conducting Remote Arbitration Hearings
AIA Arbitration Provisions May Limit Recoverable Damages on Colorado Projects
Kelly Smith | Snell & Wilmer The American Institute of Architects (“AIA”) produces form contract documents widely used in the construction industry. Because of the prevalence of AIA contracts, many parties consider them to be standard and may not fully scrutinize the contract provisions or their future implications. This is especially problematic in Colorado where… Continue reading AIA Arbitration Provisions May Limit Recoverable Damages on Colorado Projects
Reverse Preemption Is Alive And Well In Washington State
Larry P. Schiffer | Squire Patton Boggs Most reinsurance contracts have binding arbitration provisions. The Federal Arbitration Act (FAA) sets out a national policy in favor of arbitration. Yet, there are states that expressly preclude arbitration provisions in insurance contracts. Does that apply to reinsurance contracts? In Washington Cities Insurance Authority v. Ironshore Indemnity, Inc., No.… Continue reading Reverse Preemption Is Alive And Well In Washington State
You Cannot Arbitrate Claims Not Covered By The Arbitration Agreement
David Adelstein | Florida Construction Legal Updates Regardless of the type of contract you are dealing with, “[a]rbitration provisions are contractual in nature, and therefore, construction of such provisions and the contracts in which they appear is a matter of contract interpretation.” Wiener v. Taylor Morrison Services, Inc., 44 Fla. L. Weekly D3012f (Fla. 1st DCA 2019).… Continue reading You Cannot Arbitrate Claims Not Covered By The Arbitration Agreement