Tag: arbitration

Arbitration 201: Drafting the Arbitration Clause for the Arbitration you want

Erika Birg | Inside Counsel | March 24, 2016 The parties are close to completing their negotiations on every point in the deal, but there is one aspect left: dispute resolution. It is admittedly difficult when putting together an agreement to look ahead to how it may fall apart in the future, but that is… Continue reading Arbitration 201: Drafting the Arbitration Clause for the Arbitration you want

Litigating Construction Defects in Community Association Property: Part III

D. Brad Hughes | Jimerson & Cobb P.A. | March 18, 2016 Recap of Part II This article is Part III of a four part series. Part I was meant to inform the Board of a Condominium or Homeowners Association of some basic steps that should be taken when significant latent construction defects are discovered.… Continue reading Litigating Construction Defects in Community Association Property: Part III

Nevada Supreme Court Finds Waiver of Right to Arbitrate Based on Separate, But Related Litigation

Mark W. Frilot | The Dispute Resolver | March 16, 2016 The Nevada Supreme Court recently ruled that a party defendant waived its right to compel arbitration due to its litigation conduct in a separate, but related litigation.  The court also clarified Nevada jurisprudence regarding whether the court or arbitrator should decide if a party… Continue reading Nevada Supreme Court Finds Waiver of Right to Arbitrate Based on Separate, But Related Litigation

Ties That Bind: A Surety’s Right to Require Arbitration of a Construction Dispute

jeffrey S. Wertman | Berger Singerman LLP | March 9, 2016 Florida law generally favors arbitration as a matter of public policy. Although traditional arbitration administered by the American Arbitration Association (AAA) is not always less expensive or time-consuming than litigation, given its flexibility and the use of a knowledgeable trier of fact, arbitration can… Continue reading Ties That Bind: A Surety’s Right to Require Arbitration of a Construction Dispute

Arbitration is Waivable (Even If You Don’t Mean To)

Christopher C. Hill |  Construction Law Musings | January 11, 2016 Be careful with how you act with arbitration clauses in your contracts. If you are not careful in how you act to enforce these clauses, you could find yourself stuck in court whether you like it or not. As I stated in a recent… Continue reading Arbitration is Waivable (Even If You Don’t Mean To)