Micha Nandaraj Gallo | Covington & Burling | April 25, 2019 On April 24, 2019, the Supreme Court issued its opinion in Lamps Plus, Inc., et al. v. Varela, addressing the question of whether an ambiguous arbitration agreement can be read to compel class arbitration under the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (2000). Underscoring the controversial… Continue reading U.S. Supreme Court Affirms the Necessity of Express Authorization for Class Arbitration
Tag: arbitration
Say What? Statutes of Repose/Limitation May Not Be Defenses in Arbitration?
David K. Taylor and Kyle M. Doiron | Bradley Arant Boult Cummings LLP | May 2, 2019 Most private construction contracts contain binding arbitration clauses and apply the “law of the state where the project is located.” While arbitration is less formal than court/litigation, legal defenses are often raised, including whether a claim is barred… Continue reading Say What? Statutes of Repose/Limitation May Not Be Defenses in Arbitration?
Say What? Statutes of Repose/Limitation May Not Be Defenses in Arbitration?
Kyle Doiron and David Taylor | Buildsmart | May 2, 2019 Most private construction contracts contain binding arbitration clauses and apply the “law of the state where the project is located.” While arbitration is less formal than court/litigation, legal defenses are often raised, including whether a claim is barred by a statute of limitation or,… Continue reading Say What? Statutes of Repose/Limitation May Not Be Defenses in Arbitration?
“Just What Was Needed”: Another Way to Waive a Right to Arbitrate
Gilbert A. Samberg | Mintz | February 25, 2019 Want to give up a contractual right to arbitrate? Easy. Don’t seek to enforce it. For example, just litigate for awhile and don’t mention your arbitration clause. The court has no obligation sua sponte to raise or enforce your contractual right if you choose not to. Or do… Continue reading “Just What Was Needed”: Another Way to Waive a Right to Arbitrate
Supreme Court Settles Age-Old Arbitrability Debate
William G. Geisen | Stites & Harbison | February 20, 2019 Many construction contracts designate arbitration as the means to adjudicate disputes which are not resolved through executive negotiation, mediation or some alternate method. Occasionally, a question arises whether the claim falls within the scope of the arbitration clause. In other words, the parties debate… Continue reading Supreme Court Settles Age-Old Arbitrability Debate