Thomas L. Rosenberg | Roetzel & Andress | May 11, 2016 In the late 1980s, early 1990s, alternative dispute resolution came on the scene and was all the rage as a means to effectively and quickly resolve disputes on construction projects at a lower cost than litigation. Now, many years later, the tide has turned… Continue reading Is Arbitration All It’s Cracked Up To Be?
Tag: arbitration
Arbitration Forum Dispute Does Not Necessarily Breach Contract Nor Waive Arbitration Right
Richard Raysman | Holland & Knight LLP | May 11, 2016 It is not breaking news that arbitration clauses are both increasingly favored and enforced, especially after the 2011 Supreme Court decision that held that the Federal Arbitration Act preempted a California state law that had prohibited contracts from barring class-wide arbitration. Unsurprisingly, this has… Continue reading Arbitration Forum Dispute Does Not Necessarily Breach Contract Nor Waive Arbitration Right
First Department Finds Forum Selection Clause in Earlier Agreement Valid Despite Later Agreement Providing for Arbitration
Peter J.W. Sherwin and Alyse F. Stach | Proskauer Rose LLP | May 4, 2016 In a 3-2 split decision, a New York appellate court determined that a forum selection clause providing for litigation in New York courts had not been explicitly terminated and thus trumped agreements to submit to arbitration in London provided in… Continue reading First Department Finds Forum Selection Clause in Earlier Agreement Valid Despite Later Agreement Providing for Arbitration
Agreements to Arbitrate Are Simple, Right?
Ira M. Schulman | The Dispute Resolver | April 28, 2016 The construction industry has been a leader in the use of arbitration to resolve disputes. In the past 30 years, it is fair to say that arbitration has outpaced litigation as the dominant method of dispute resolution. The protracted time for a construction case… Continue reading Agreements to Arbitrate Are Simple, Right?
Giving Power to the Arbitrator: Permissible and Impermissible Delegations of Power
Alyssa M. Bussey | Smith Currie & Hancock | April 20, 2016 The construction industry has long been a leader in the use of arbitration. An arbitration clause was first included in the AIA standard form contract in 1915. The Federal Arbitration Act (FAA) was first enacted in 1925 and the American Arbitration Association was… Continue reading Giving Power to the Arbitrator: Permissible and Impermissible Delegations of Power