Robert B. Garner, David Kiefer and Gregg Jacobson | King & Spalding | March 8, 2019 Owners and contractors involved in large-scale energy and manufacturing projects face unique challenges in bringing projects to fruition. One challenge is negotiating and drafting a contract that places the parties in a fair position if problems arise during the… Continue reading Large-Scale Construction Projects: To Arbitrate, or not to Arbitrate – That is the Question
Category: Arbitration
“Just What Was Needed”: Another Way to Waive a Right to Arbitrate
Gilbert A. Samberg | Mintz | February 25, 2019 Want to give up a contractual right to arbitrate? Easy. Don’t seek to enforce it. For example, just litigate for awhile and don’t mention your arbitration clause. The court has no obligation sua sponte to raise or enforce your contractual right if you choose not to. Or do… Continue reading “Just What Was Needed”: Another Way to Waive a Right to Arbitrate
Supreme Court Settles Age-Old Arbitrability Debate
William G. Geisen | Stites & Harbison | February 20, 2019 Many construction contracts designate arbitration as the means to adjudicate disputes which are not resolved through executive negotiation, mediation or some alternate method. Occasionally, a question arises whether the claim falls within the scope of the arbitration clause. In other words, the parties debate… Continue reading Supreme Court Settles Age-Old Arbitrability Debate
Supreme Court Rejects “Wholly Groundless” Exception to Question of Arbitrability
Justin Fortescue | White and Williams LLP | January 9, 2019 In newly appointed Supreme Court Justice Brett Kavanaugh’s first opinion, the United States Supreme Court held that the “wholly groundless” exception to arbitrability, which some federal courts had relied on as justification to decide questions of arbitrability over the express terms of a contract,… Continue reading Supreme Court Rejects “Wholly Groundless” Exception to Question of Arbitrability
Arbitration Is an Increasing Trend Found Within Property Insurance Policies, and Arbitration is Not Appraisal
Chip Merlin | Property Insurance Coverage Law Blog | January 15, 2019 The photograph above depicts the Merlin Law Group “War Room” during a week-long arbitration last week. Michael Duffy, Ian Dankelman, Eric Dickey, and Kelly Kubiak were the winning Merlin Law Group team obtaining a $3.1 million award on Saturday. What a way to start off the year!… Continue reading Arbitration Is an Increasing Trend Found Within Property Insurance Policies, and Arbitration is Not Appraisal