Daniel Lund III | Phelps Dunbar In a 5-4 decision, the United States Supreme Court settled a split among the federal appellate circuits on whether appeal of a district court refusal to compel arbitration stays the underlying litigation in the district court. Having been denied relief by the district court on its motion to compel… Continue reading Construction Litigation Roundup: “Stop – In the Name of the Law!”
Tag: arbitration
Grounds for Vacating an Arbitration Award Remain Extremely Limited
D. Bryan Thomas, John Mark Goodman and Jennifer Ersin | BuildSmart The Eleventh Circuit Court of Appeals issued a decision last week upholding an arbitral award, despite the failure of the arbitrators to make certain pertinent disclosures. The case involves an international arbitration before the International Chamber of Commerce (ICC) stemming from the design and construction of… Continue reading Grounds for Vacating an Arbitration Award Remain Extremely Limited
Toolbox Talk Series Recap – Arbitration Motion Practice
MIchael Zehner | The Dispute Resolver In the June 22, 2023 edition of the Toolbox Talk Series, Adrian Bastianelli, Peckar & Abramson, P.C., and Brian Cashmere, Williams Mullen, moderated by Jennifer Millender of the American Arbitration Association (“AAA”), discussed motion practice in arbitration. Specifically, they offered advice on how to choose the right issue for a motion, how to get… Continue reading Toolbox Talk Series Recap – Arbitration Motion Practice
Important Procedural Issues in Georgia Construction Arbitrations
Roy Paul | Miles Mediation & Arbitration Arbitration has long been used as an alternative to litigation in construction disputes. Many construction contracts contain arbitration clauses, many of which reference specific rules established by specific arbitration providers. It is important for the parties to construction disputes as well as arbitrators themselves to understand the scope… Continue reading Important Procedural Issues in Georgia Construction Arbitrations
Construction Litigation Roundup: “That’s Not How I Read It”
Daniel Lund III | Phelps Dunbar That’s not how I read it. A general contractor seeking to litigate with its subcontractor concerning a construction project in Indiana found itself fighting in court against assertions by the sub that arbitration of the dispute was required. The GC was already in litigation in federal court with the… Continue reading Construction Litigation Roundup: “That’s Not How I Read It”