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
Category: Arbitration
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
Agreement to Arbitrate Assignable, but Subject to Statute of Limitations
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
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