Katherine H. Blankenship and J. David Pugh | Buildsmart The Alabama Supreme Court recently found that a party was in breach of an arbitration agreement for declining to pay the fee schedule set forth by the American Arbitration Association (AAA) and thus lost the right to compel arbitration. This case serves as a reminder to… Continue reading The Right to Arbitrate and the Risk of Losing It
Category: Arbitration
Lawyer’s Advocacy in Arbitrations: No. 5 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make
David K. Taylor | Buildsmart This post is a continuation of the Top 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make before, during, and after arbitrations in which I served as the arbitrator. As stated in the previous posts, there are pros and cons… Continue reading Lawyer’s Advocacy in Arbitrations: No. 5 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make
Who Decides Who Decides? The Third Circuit Addresses the “Queen of All Threshold Issues” in Arbitration Law
Thomas F. Howley and Robert T. Szyba | Seyfarth Shaw Who decides the case: a court or an arbitrator? It’s a simple question at the core of any arbitration dispute. Then there’s the question of who decides who decides the case? Typically, the parties decide—they can decide to let an arbitrator decide the case (rather… Continue reading Who Decides Who Decides? The Third Circuit Addresses the “Queen of All Threshold Issues” in Arbitration Law
Including Non-Signatory Subcontractors in Arbitration Clauses in Construction Contracts
Jaime Dewees | Framing Issues Arbitration is an increasingly popular forum for the resolution of construction disputes. It often provides a more predictable procedural process specially designed for the industry in light of construction-specific rules and mediation procedures enacted by alternative dispute resolution providers, such as the American Arbitration Association (AAA). Of course, there are… Continue reading Including Non-Signatory Subcontractors in Arbitration Clauses in Construction Contracts
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