Gaary Nadler | JAMS Arbitration is meant to be expeditious and to avoid the time and expense associated with proceeding in court. While that is still the goal, at times the speed of the arbitration process can vary significantly. As a preliminary matter, an arbitration agreement is a contract, generally governed by contract law and… Continue reading Arbitration Is Meant To Be Expeditious, But Is It Really?
Tag: arbitration
Mechanic’s Lien Validity Can Be Decided in Alternative Dispute Resolution in Illinois
Robert J. Golterman, Jeremy P. Brummond and Taylor J. Essner | LewisRice On June 14, 2024, in a case captioned Portage Park Capital, LLC v. A.L.L. Masonry Construction Co., the Illinois First District Court of Appeals clarified and expanded the scope of arbitration in resolving disputes related to mechanic’s liens. Prior to the Portage Park decision, arbitrators determined the… Continue reading Mechanic’s Lien Validity Can Be Decided in Alternative Dispute Resolution in Illinois
Quick Note: Staying, Not Dismissing, Arbitrable Disputes Under Federal Arbitration Act
David Adelstein | Florida Construction Legal Updates As you hopefully know from posted articles, arbitration is a creature of contract. Stated differently, there must be a contractual basis to have a dispute resolved through binding arbitration. The Federal Arbitration Act (FAA) applies to transactions involving interstate commerce. Oftentimes, lawsuits are filed despite an arbitration provision in a contract because… Continue reading Quick Note: Staying, Not Dismissing, Arbitrable Disputes Under Federal Arbitration Act
Contractor Prevails Against Owner In Arbitration Successfully Arguing Modification Of The Contract Based Upon The Parties’ Course Of Conduct
Robert Fryman and Danielle Marlow | Moritt Hock & Hamroff Often, the performance by parties to a contract varies from the written terms and conditions of the contract in slight, immaterial ways. Occasionally, the parties’ performance, either individually or collectively, may vary significantly from the contract’s express terms, giving rise to disputes and claims of… Continue reading Contractor Prevails Against Owner In Arbitration Successfully Arguing Modification Of The Contract Based Upon The Parties’ Course Of Conduct
How to Make Arbitration Work for You
Adam E. Witkov | Michael Best & Friedrich When disputes arise in business, arbitration can be beneficial over litigation. It can provide a more streamlined, cost-effective, and confidential way to resolve conflicts. To ensure that this serves your interests, it’s crucial to understand how to set it up effectively. Arbitration is an alternative to litigation as a means… Continue reading How to Make Arbitration Work for You