Category: Arbitration

Arbitrators’ Award of Attorney’s Fees Thrown Out Because the Parties’ Agreement Did Not Provide for It

Andrew G. Wailgum and Sara P. Bryant | Murtha Cullina LLP | January 27, 2016 The Massachusetts Supreme Judicial Court recently voided an arbitration panel’s award of attorney’s fees because the terms of the parties’ arbitration agreement did not specifically provide that the prevailing party could be awarded fees. Beacon Towers Condo. Trust v. Alex, 473… Continue reading Arbitrators’ Award of Attorney’s Fees Thrown Out Because the Parties’ Agreement Did Not Provide for It

Third Circuit Rules that Courts, not Arbitration Panels, Have Final Word on Class Action Arbitrability

Rebekah Byers Kcehowski, Sharyl A. Reisman and Darren K. Cottriel | Jones Day | January 15, 2016 In Brief The history and proceedings of the Third Circuit’s recent decision in Chesapeake Appalachia, LLC v. Scout Petroleum, LLC, No. 15-1275, 2016 U.S. App. LEXIS 42 (3d Cir. Jan. 5, 2016), are a precautionary tale suggesting that companies… Continue reading Third Circuit Rules that Courts, not Arbitration Panels, Have Final Word on Class Action Arbitrability

To Be or Not to Be in Arbitration? That is the Question

Tony Byler and Daniel E. Fierstein | Construction Law Signal | January 14, 2016 Arbitration has become a very common and effective way to resolve construction disputes in lieu of traditional litigation, and it is easy to understand why: The parties can select arbitrators with construction expertise who speak their language and are more likely… Continue reading To Be or Not to Be in Arbitration? That is the Question

Mediator’s Moment—Obstacles to Successful Mediation

C. Jean Stewart | Holland & Hart LLP | January 19, 2016 A successful mediation requires that the parties feel satisfied both with the process and with the outcome. Several obstacles can interfere with the parties reaching satisfaction on either or both standards. Counsel often contribute to this failure. Here are some tips on avoiding… Continue reading Mediator’s Moment—Obstacles to Successful Mediation

The Arbitrability Of Statutes Of Limitations In Reinsurance Disputes

Robert W. DiUbaldo and Jeanne M. Kohler | Carlton Fields | January 25, 2016 Whether a particular jurisdiction’s statute of limitations provides a reinsurer with a valid basis to deny payment of a cedent’s claim is sometimes a hotly-contested issue. Where a dispute is litigated in state or federal court, a reinsurer may argue that… Continue reading The Arbitrability Of Statutes Of Limitations In Reinsurance Disputes