Sunu M. Pillai | Construction Industry Counselor | May 3, 2018 The abstention doctrine allows a federal district court to stay or dismiss a case properly before it for reasons of “wise judicial administration.” The US District Court for the District of Rhode Island recently applied this doctrine, and elected to abstain from ruling on… Continue reading Court Applies Abstention Doctrine to Dismiss Petition to Confirm Arbitration Award
Category: Arbitration
Claim of Fraudulent Inducement of a Construction Contract Does Not Invalidate Arbitration Clause in That Same Contract
Emily D. Anderson | Pepper Hamilton | February 8, 2018 Koudela v. Johnson & Johnson Custom Builders, LLC, 2017 Ohio App. Lexis 5800 (December 29, 2017) In this case, Nicolas and Monica Koudela (the “Koudelas”) entered into a construction contract with “Johnson & Johnson Builders” (the “Agreement”), whereby Johnson & Johnson Builders agreed to construct… Continue reading Claim of Fraudulent Inducement of a Construction Contract Does Not Invalidate Arbitration Clause in That Same Contract
Does Arbitration Apply to Contemporaneously Executed Contracts (When One of the Contracts does Not Have an Arbitration Provision)?
David Adelstein | Florida Construction Legal Updates | January 6, 2018 Binding arbitration is an alternative to litigation. Instead of having your dispute decided by a judge and/or jury, it is decided by an arbitrator through an arbitration process. Arbitration, however, is a creature of contract, meaning there needs to be a contractual arbitration provision requiring the… Continue reading Does Arbitration Apply to Contemporaneously Executed Contracts (When One of the Contracts does Not Have an Arbitration Provision)?
Designing an Effective Arbitration Clause
Charles w. Surasky | Smith Currie & Hancock | January 9, 2018 Claims and disputes arising from construction projects are often costly and time consuming to resolve. While it is best to avoid construction claims and disputes from the beginning of a project, it is important to resolve them quickly and efficiently once they arise.… Continue reading Designing an Effective Arbitration Clause
A 4-Pointer Guide to Choosing the Right Arbitrator
Baker & Hostetler LLP | December 29, 2017 Arbitration is an alternative way to resolving disputes. It is often considered fast, cheaper and flexible vis-a-vis a litigation process. For this reason, the service offered by litigators is a high demand, leading to an upsurge in the number of entrants in the field. These make choosing the… Continue reading A 4-Pointer Guide to Choosing the Right Arbitrator