Category: Arbitration

First Department Finds Forum Selection Clause in Earlier Agreement Valid Despite Later Agreement Providing for Arbitration

Peter J.W. Sherwin and Alyse F. Stach | Proskauer Rose LLP | May 4, 2016 In a 3-2 split decision, a New York appellate court determined that a forum selection clause providing for litigation in New York courts had not been explicitly terminated and thus trumped agreements to submit to arbitration in London provided in… Continue reading First Department Finds Forum Selection Clause in Earlier Agreement Valid Despite Later Agreement Providing for Arbitration

Agreements to Arbitrate Are Simple, Right?

Ira M. Schulman | The Dispute Resolver | April 28, 2016 The construction industry has been a leader in the use of arbitration to resolve disputes. In the past 30 years, it is fair to say that arbitration has outpaced litigation as the dominant method of dispute resolution. The protracted time for a construction case… Continue reading Agreements to Arbitrate Are Simple, Right?

Giving Power to the Arbitrator: Permissible and Impermissible Delegations of Power

Alyssa M. Bussey | Smith Currie & Hancock | April 20, 2016 The construction industry has long been a leader in the use of arbitration. An arbitration clause was first included in the AIA standard form contract in 1915. The Federal Arbitration Act (FAA) was first enacted in 1925 and the American Arbitration Association was… Continue reading Giving Power to the Arbitrator: Permissible and Impermissible Delegations of Power

To Arbitrate or Not to Arbitrate? That is the Question

Garret Murai | California Construction Law Blog | April 25, 2016 It’s been the fodder of debate of philosophers, academics and the rest of us for ages: Do we have free will or are our actions predetermined and the result of preceding events? Are human beings fundamentally selfless or self preserving? Coca-Cola or Pepsi? iOs or android? And… Continue reading To Arbitrate or Not to Arbitrate? That is the Question

Fourth Circuit: Courts, Not Arbitrators, Decide If Arbitration Agreement Authorizes Class-Wide Arbitration

Archis A. Parasharami, Kevin S. Ranlett and Charles E. Harris, II | Mayer Brown | April 4, 2016 A unanimous panel of the U.S. Court of Appeals for the Fourth Circuit has held that the question whether an arbitration agreement authorizes class-wide arbitration is for the courts, not an arbitrator, to decide—unless the agreement clearly… Continue reading Fourth Circuit: Courts, Not Arbitrators, Decide If Arbitration Agreement Authorizes Class-Wide Arbitration