Robert K. Cox | Williams Mullen | July 27, 2018 It is a common situation in the world of construction project disputes – the parties’ contract includes an arbitration clause. One party files a lawsuit in a court over a dispute, and the other party files a motion to stay or dismiss the lawsuit and… Continue reading When Your Contract Includes an Arbitration Clause: Who Decides the Arbitrability of the Dispute?
Tag: arbitration
The Potential Pitfalls of Contesting Arbitrability in the Arbitration
Todd Rosenbaum | Mintz Levin Cohn Ferris Glovsky and Popeo PC | July 16, 2018 When an agreement to arbitrate contains a clear and unmistakable “delegation” provision, gateway questions of arbitrability are for the arbitrator to decide. See, e.g., Kubala v. Supreme Prod. Servs., 830 F.3d 199, 201-02 (5th Cir. 2016), citing First Options of Chi., Inc. v.… Continue reading The Potential Pitfalls of Contesting Arbitrability in the Arbitration
To Defend or Not to Defend? Northern District of Ohio Provides Guidance for Determining Whether to Defend an Arbitration
Andrew Daechsel | PropertyCasualtyFocus | June 27, 2018 While the rules for determining whether a liability insurer has a duty to defend a lawsuit are generally well-known, questions can arise when an insurer is asked to defend an arbitration. For example, can an insurer’s duty to defend be determined by looking solely at the initial… Continue reading To Defend or Not to Defend? Northern District of Ohio Provides Guidance for Determining Whether to Defend an Arbitration
Enforcing A Mechanic’s Lien In California? Don’t Waive Your Right To Arbitrate The Dispute
Jeffrey N. Brown | Thompson Coburn LLP | June 13, 2018 On June 6, 2018, the California Court of Appeal held that a contractor waived its right to arbitrate disputes because it recorded a mechanic’s lien and then didn’t follow California Code of Civil Procedure Section 1281.5 in its subsequent lawsuit to foreclose on the… Continue reading Enforcing A Mechanic’s Lien In California? Don’t Waive Your Right To Arbitrate The Dispute
Enforcing a Mechanic’s Lien in California? Don’t Waive Your Right to Arbitrate the Dispute
Jeff Brown | Thompson Coburn LLP | June 12, 2018 On June 6, 2018, the California Court of Appeal held that a contractor waived its right to arbitrate disputes because it recorded a mechanic’s lien and then didn’t follow California Code of Civil Procedure Section 1281.5 in its subsequent lawsuit to foreclose on the lien.… Continue reading Enforcing a Mechanic’s Lien in California? Don’t Waive Your Right to Arbitrate the Dispute