Mark W. Frilot | The Dispute Resolver | March 16, 2016 The Nevada Supreme Court recently ruled that a party defendant waived its right to compel arbitration due to its litigation conduct in a separate, but related litigation. The court also clarified Nevada jurisprudence regarding whether the court or arbitrator should decide if a party… Continue reading Nevada Supreme Court Finds Waiver of Right to Arbitrate Based on Separate, But Related Litigation
Category: Arbitration
Ties That Bind: A Surety’s Right to Require Arbitration of a Construction Dispute
jeffrey S. Wertman | Berger Singerman LLP | March 9, 2016 Florida law generally favors arbitration as a matter of public policy. Although traditional arbitration administered by the American Arbitration Association (AAA) is not always less expensive or time-consuming than litigation, given its flexibility and the use of a knowledgeable trier of fact, arbitration can… Continue reading Ties That Bind: A Surety’s Right to Require Arbitration of a Construction Dispute
Arbitration is Waivable (Even If You Don’t Mean To)
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)
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