Robert J. Ward and Robert M. Abrahams | Schulte Roth and Zabel Arbitration UNCITRAL Model Law Is the arbitration law based on the UNCITRAL Model Law? Congress enacted the Federal Arbitration Act (FAA) in 1925 to validate agreements to arbitrate and to provide mechanisms for their enforcement. The Supreme Court has held that the FAA… Continue reading In Brief: Arbitration Formalities in USA
Tag: arbitration
Don’t Let the Distance Destroy Your Communication — Lessons Learned from Arbitration by Zoom
Brenda Radmacher | Forum on Construction Law Is “Remote Arbitration” an oxymoron? Or is it the wave of the future? While most of the ADR rules allow for video presentation of evidence in an arbitration, there is little guidance on full hearings being conducted through remote procedures. In the past, parties have agreed to present… Continue reading Don’t Let the Distance Destroy Your Communication — Lessons Learned from Arbitration by Zoom
Advantages of Arbitration for Resolving Construction Disputes in Light of COVID-19
Emily Hermreck | Nuts & Bolts The COVID-19 pandemic has had significant impacts on the U.S. state and federal court systems and has delayed the progression of cases awaiting trial. While many courts have remained “open,” they have considerably modified operations and procedures to ensure the safety of court personnel, attorneys, and jurors. Perhaps the… Continue reading Advantages of Arbitration for Resolving Construction Disputes in Light of COVID-19
Contract, Project, and Arbitration in Florida? State Has Personal Jurisdiction Over Action to Enforce Arbitration Award
E. Mabry Rogers, J. David Pugh and Amandeep S. Kahlon | Buildsmart On June 24, 2020, in Sayers Constr., LLC v. Timberline Constr., Inc., et al., a Florida District Court of Appeal affirmed a trial court’s denial of a contractor’s motion to dismiss. The contractor moved to dismiss for lack of personal jurisdiction in a dispute… Continue reading Contract, Project, and Arbitration in Florida? State Has Personal Jurisdiction Over Action to Enforce Arbitration Award
Watch Your Stipulation! Award Confirmed Despite Arbitrator Exceeding Contractual Scope of Authority
Jim Archibald, Amandeep S. Kahlon & Luke D. Martin | Buildsmart Once parties agree to arbitrate, courts generally defer to the arbitrator’s judgment regarding resolution of a dispute. The prevailing approach in many states is to not set aside an arbitration award unless the arbitrator clearly exceeded his or her authority and to exercise every… Continue reading Watch Your Stipulation! Award Confirmed Despite Arbitrator Exceeding Contractual Scope of Authority