Five Ways to Improve Commercial Arbitration Clauses

Lauren Zimmerman and Jeff Zalesin | Selendy Gay Elsberg Consumer arbitration has been in the news lately, with Elon Musk under congressional scrutiny for Tesla Inc.’s use of arbitration clauses and Ticketmaster Entertainment Inc. facing a class action in the U.S. District Court for the Central District of California by Taylor Swift fans criticizing its… Continue reading Five Ways to Improve Commercial Arbitration Clauses

Colorado Statute of Limitations Defense May Not Apply in Arbitration

Laurie Choi, Amanda McKinlay and James Snow | Snell & Wilmer The construction industry often prefers arbitration for dispute resolution. This is evident as 2022 data demonstrates that construction disputes comprised a significant share of the disputes handled by arbitration organizations.1 Just as arbitration has its advantages for our industry clients, e.g., speed, efficiency, and flexibility, it is… Continue reading Colorado Statute of Limitations Defense May Not Apply in Arbitration

Construction Litigation Roundup: “Stop – In the Name of the Law!”

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!”

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