Douglas Lang | Thompson Coburn In a recent federal court case, Baker Hughes v. Dynamic Industries, the court decided even though the parties agreed to arbitrate, the agreement was unenforceable because the arbitration agency was “abolished.” In that case, the U.S. District Court for the Eastern District of Louisiana denied a motion to compel arbitration where… Continue reading So, You Thought Your Arbitration Agreement Was Bulletproof: Beware Of Traps That Can Render Arbitration Agreements Unenforceable
Tag: arbitration
Ohio Ninth District Tees Up a Third Opportunity for the Ohio Supreme Court to Decide Whether an Oral Hearing is Mandatory on Motion to Compel Arbitration
Allison Reich | Frantz Ward Recently, in Snyder v. Old World Classics, LLC, 2023-Ohio-4019, Ohio’s Ninth District Court held that any motion to compel arbitration under Ohio Revised Code 2711.03 requires an oral hearing. This is contrary to opposing decisions by the Fourth and Eighth District Courts of Ohio in Chrysler Fin. Servs. V. Henderson, 4th Dist. Athens… Continue reading Ohio Ninth District Tees Up a Third Opportunity for the Ohio Supreme Court to Decide Whether an Oral Hearing is Mandatory on Motion to Compel Arbitration
Arbitration May Be Available Without An Express Direct Agreement in Utah
Mark Morris and Tyson Prisbrey | Snell & Wilmer Construction transactions are characterized by many contracts involving multiple parties. While the terms of the parties’ individual contracts generally govern their relationships, parties should be aware that, intentionally or not, other parties may be in a position to enforce dispute resolution clauses in other agreements. For… Continue reading Arbitration May Be Available Without An Express Direct Agreement in Utah
Construction Litigation Roundup: “Apparently, It’s Not Always Who You Know”
Daniel Lund III | Phelps Dunbar A respondent party in a pair of international arbitrations on the losing end of roughly $285,000,000 in adverse awards attacked the awards based upon arbitrator bias. “If there is one bedrock rule in the law of arbitration, it is that a federal court can vacate an arbitral award only… Continue reading Construction Litigation Roundup: “Apparently, It’s Not Always Who You Know”
New California Law Limits Stays Of Proceedings Pending The Appeal Of The Denial Of A Petition To Compel Arbitration
Rodger R. Cole, Eric Ball, Molly Melcher and Christopher Berberian | Fenwick On October 10, 2023, California Gov. Gavin Newsom signed CA Senate Bill 365 (SB 365), set to go into effect in 2024. This bill gives state court judges the discretion to move forward with litigation in trial court while an appeal of a… Continue reading New California Law Limits Stays Of Proceedings Pending The Appeal Of The Denial Of A Petition To Compel Arbitration