Christopher C. Hill | Construction Law Musings | January 11, 2016 Be careful with how you act with arbitration clauses in your contracts. If you are not careful in how you act to enforce these clauses, you could find yourself stuck in court whether you like it or not. As I stated in a recent… Continue reading Arbitration is Waivable (Even If You Don’t Mean To)
Category: Arbitration
Review Of Arbitration Awards: Lessons for the Construction Industry from the Tom Brady Case
Richard W. Foltz, Jr. and James M. Kwartnik, Jr. | Pepper Hamilton LLP | February 25, 2016 NFL Mgmt. Council v. NFL Players Ass’n, 2015 U.S. Dist. LEXIS 117662 (S.D.N.Y. Sept. 3, 2015) “Arbitration has been proven to be an effective way to resolve disputes fairly, privately, promptly and economically.” So provides the preamble to… Continue reading Review Of Arbitration Awards: Lessons for the Construction Industry from the Tom Brady Case
Arbitration Means Arbitration Even If It Is About Arbitration
Larry P. Schiffer | Squire Patton Boggs | February 19, 2016 No one should doubt that the federal policy in favor of arbitration is broad and deep. It is evident in how difficult it is to vacate an arbitration award or avoid having to arbitrate a dispute where there is a broad arbitration provision. A… Continue reading Arbitration Means Arbitration Even If It Is About Arbitration
Fourth Circuit Holds Arbitration Clause Unenforceable When Contract Also Disavows Federal and State Substantive Law
Mark W. Frilot | The Dispute Resolver | February 8, 2016 While not a construction dispute, the Fourth Circuit’s decision in Hayes v. Delbert Services Corp., 2016 WL 386016, __ F.3d __ (4th Cir. 2/2/16), gives insight to the limits to a court’s willingness to enforce arbitration clauses that also include a waiver of substantive… Continue reading Fourth Circuit Holds Arbitration Clause Unenforceable When Contract Also Disavows Federal and State Substantive Law
Reference to AAA Construction Industry Rules means that Parties Agreed to have Arbitrator Determine Arbitrability
Stan Martin | Commonsense Construction Law LLC | January 28, 2016 A Florida Court of Appeal has concluded that an arbitration clause incorporating the AAA Construction Industry Arbitration Rules means that the parties intended to submit issues of arbitrability to the arbitrator and not to the courts. The parties had used a standard AIA contract… Continue reading Reference to AAA Construction Industry Rules means that Parties Agreed to have Arbitrator Determine Arbitrability