Robert G. Campbell and Trevor B. Potter | Construction Executive There may be tension between the enforcement of statutory mechanic’s lien claims when a contractual dispute resolution provision calls for arbitration. Once the parties are in arbitration, it may not be clear whether the arbitrator has authority to make factual determinations regarding amount and validity… Continue reading Ensuring Efficient Arbitration of Construction Disputes Involving Mechanic’s Liens
Category: Arbitration
The Shifting Sands of Alternative Dispute Resolution
Tim Scully | Porter Law Group In California there are few tools which work to protect the employer, and California employers may have just lost another one. On October 10, 2019, Governor Gavin Newson signed into law AB 51, which bans the use of mandatory arbitration agreements in employment contracts. More specifically, AB 51 adds… Continue reading The Shifting Sands of Alternative Dispute Resolution
Who Gets To Decide Whether Class Arbitration Is Available? It Just Might Be The Arbitrator
Philip Mohr | Womble Bond Dickinson Where an agreement provides that “any dispute… arising out of the agreement” would be settled by binding arbitration in accordance with “the Rules of the American Arbitration Association,” such language provides “clear and unmistakable evidence” of the parties’ agreement to delegate certain substantive issues—like the availability of class arbitration—to… Continue reading Who Gets To Decide Whether Class Arbitration Is Available? It Just Might Be The Arbitrator
California Appellate Court Holds Additional Insured Is Contractually Required to Arbitrate Coverage Dispute
Robert Dennison | Traub Lieberman Straus & Shrewsberry In Philadelphia Indemnity Insurance Company v. SMG Holdings, Inc., the Third Appellate District Court of Appeal in Sacramento, California held that an additional insured was bound by an arbitration clause in the general liability insurance policy as to a coverage dispute between it and the insurance carrier.… Continue reading California Appellate Court Holds Additional Insured Is Contractually Required to Arbitrate Coverage Dispute
Binding Arbitration Award In Coverage Dispute Ends Later Coverage Litigation
Larry P. Schiffer | Squire Patton Boggs Many insurance policies have binding arbitration clauses along with other provisions that address whether a lawsuit may be brought against the insurance company. What happens when the arbitration goes against the policyholder? Can the policyholder then sue the insurance company over the same coverage dispute even if the… Continue reading Binding Arbitration Award In Coverage Dispute Ends Later Coverage Litigation