Stanley A. Martin | Commonsense Construction Law Construction of an apartment building was completed in 2005, under a contract with an arbitration clause. The building was sold in 2015, and the seller assigned its rights under the construction contract to the buyer. In 2018, one or more balconies on the building collapsed. Subsequent investigation showed… Continue reading Agreement to Arbitrate Assignable, but Subject to Statute of Limitations
Category: Arbitration
The Utility of Arbitration Agreements in the Construction Industry
Brian L. Gardner and Jason R. Finkelstein | Construction Executive A Look at Epic Systems’ Decision One Year Later In today’s ever-evolving world of employment law, it is far from an easy task for construction industry employers to operate their business while successfully navigating all of the potential legal potholes that continue to abound and… Continue reading The Utility of Arbitration Agreements in the Construction Industry
Arbitration Clauses Will Continue to Dominate in Reinsurance Contracts
Michael Knoerzer | Clyde & Co Insurers to consider arbitration as an effective strategy in 2020. Insurers and insurance attorneys have a love-hate relationship with arbitration in insurance and reinsurance contracts. Generally, they love arbitration about as much as they love the last result in the last arbitration they had. Having said that, arbitration is… Continue reading Arbitration Clauses Will Continue to Dominate in Reinsurance Contracts
It’s Not Over … Until The Panel Sings
Jonathan Bank and Matthew Murphy | Locke Lord | November 1, 2019 A federal court in New York recently held that an arbitration panel retained the right to resolve any dispute arising out of an arbitration award. In Chicago Insurance Company v. General Reinsurance Corporation et al., no. 18-cv-10450, 2019 WL 5387819 (S.D.N.Y. Oct. 22, 2019),… Continue reading It’s Not Over … Until The Panel Sings
Appearance by Video Might Be More Convenient for a Nonparty in Arbitration, but It Can’t Be Compelled Under the FAA
Nora Valenza-Frost | Property Casualty Focus | October 25, 2019 You find yourself in an arbitration needing documents and testimony from a nonparty. Your arbitrator issues a nonparty summons, “conveniently” requiring the out-of-state nonparty to appear by video at a hearing and produce documents to the parties and the arbitrator in advance. As it goes,… Continue reading Appearance by Video Might Be More Convenient for a Nonparty in Arbitration, but It Can’t Be Compelled Under the FAA