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
Tag: arbitration
One-Sided Arbitration Clauses: New Mexico Court Decides Fight Between Contractor and Subcontractor
Matthew DeVries | Best Practices Construction Law As a single dad of seven, resolving daily disputes is a common occurrence in my house. Whether it’s whose turn it is to pick the next Netflix stream or who gets the last Crumbl cookie, disagreements are inevitable. Fortunately for my kids, they don’t need to go to an arbitrator or judge… Continue reading One-Sided Arbitration Clauses: New Mexico Court Decides Fight Between Contractor and Subcontractor
New Mexico Holds One-Sided Dispute Resolution Provisions Are Unenforceable
Bill Wilson | Construction Law Zone Dispute resolution provisions that grant one party the unilateral right to choose either litigation or arbitration to resolve disputes are common in the construction industry. The main difference between the two forums is that courts are more likely to strictly enforce contract terms as written as well as the… Continue reading New Mexico Holds One-Sided Dispute Resolution Provisions Are Unenforceable
Time to Update Your Terms – AAA and JAMS Update Mass Arbitration Rules
Erin M. Bosman, Julie Y. Park, Ashley E. Quinn & Rachel A. Kaiser | Morrison & Foerster Finally addressing costly mass arbitration concerns, the American Arbitration Association (AAA) and Judicial Arbitration and Mediation Services (JAMS) announced major changes to their arbitration rules. The updates aim to curb abusive mass filing costs in arbitration. Arbitration is… Continue reading Time to Update Your Terms – AAA and JAMS Update Mass Arbitration Rules
Yes, Prejudice May Be Included in a Court’s Analysis of a Waiver of Arbitration
Bryan Hahm | Gibbons In a recent published opinion, Marmo & Sons General Contracting, LLC v. Biagi Farms, LLC, the Appellate Division affirmed the trial court’s finding that a party had waived its contractual right to compel arbitration. At issue was the non-moving party’s assertion that the U.S. Supreme Court’s 2022 decision in Morgan v. Sundance, Inc. forbade… Continue reading Yes, Prejudice May Be Included in a Court’s Analysis of a Waiver of Arbitration