John M. Townsend, James H. Boykin, Remy Gerbay, Sebastien Bonnard, Diego Duran De La Vega, Malik Havalic, Shayda Vance, Elenor Erney, Tamara Kraljic, and Justin Pendleton | Hughes Hubbard & Reed Arbitration is an increasingly popular method of dispute resolution because it puts clients in the driver’s seat. Unlike domestic litigation, where the parties have… Continue reading What Factors Should Be Considered When Choosing An Arbitrator?
Tag: arbitration
Arbitrating The Arbitrability Of Arbitrability?
Yasmine Lahlou and Andrew Poplinger | Chaffetz Lindsey Supreme Court holds that court decides whether subsequent forum selection clause supersedes an arbitration agreement, even if the arbitration agreement delegates arbitrability questions to the arbitrators. Coinbase, Inc. v. Suski, 144 S.Ct. 1186 (2024). The Supreme Court has long held that whether a dispute falls within the… Continue reading Arbitrating The Arbitrability Of Arbitrability?
No Arbitration For Insurers Under Louisiana Law: Louisiana Supreme Court Prohibits Enforcement Of Insurance Policy Arbitration Provisions
Caroline F. Crosby and Jeffrey S. Knighton | Phelps Since Hurricanes Laura and Delta made landfall in 2020, Louisiana has seen a flurry of litigation over whether insurers can enforce arbitration provisions in policies issued in Louisiana. The Louisiana Supreme Court gave insurers and policyholders clarity on these issues in its latest ruling. In answering… Continue reading No Arbitration For Insurers Under Louisiana Law: Louisiana Supreme Court Prohibits Enforcement Of Insurance Policy Arbitration Provisions
Why Homebuilders Must Carefully Structure Arbitration Clauses in Contracts
Alexander Dobrev | Lowndes Arbitration clauses in home purchase agreements and warranties can be powerful tools for resolving disputes efficiently. But as highlighted in a recent Florida appellate case, Osborne v. Drees Homes of Florida, it’s essential to structure these clauses carefully and clearly define their scope. Here’s why: For homebuilders, a well-crafted arbitration clause isn’t… Continue reading Why Homebuilders Must Carefully Structure Arbitration Clauses in Contracts
Should I Stay or Should I … Dismiss: Supreme Court Mandates Federal Courts To Stay, Not Dismiss, Actions Under the Federal Arbitration Act
Matthew H. Mues | Davis Wright Tremaine The question is often raised whether to file a lawsuit in court if claims are subject to arbitration. There are myriad reasons (statutory requirements, statute of limitations/repose, subpoena powers of courts, etc.) why a party may want to first file a lawsuit in court and then stay (or… Continue reading Should I Stay or Should I … Dismiss: Supreme Court Mandates Federal Courts To Stay, Not Dismiss, Actions Under the Federal Arbitration Act