Richard W. Foltz, Jr. and James M. Kwartnik, Jr. | Pepper Hamilton LLP | February 25, 2016 NFL Mgmt. Council v. NFL Players Ass’n, 2015 U.S. Dist. LEXIS 117662 (S.D.N.Y. Sept. 3, 2015) “Arbitration has been proven to be an effective way to resolve disputes fairly, privately, promptly and economically.” So provides the preamble to… Continue reading Review Of Arbitration Awards: Lessons for the Construction Industry from the Tom Brady Case
Tag: arbitration
Arbitration Means Arbitration Even If It Is About Arbitration
Larry P. Schiffer | Squire Patton Boggs | February 19, 2016 No one should doubt that the federal policy in favor of arbitration is broad and deep. It is evident in how difficult it is to vacate an arbitration award or avoid having to arbitrate a dispute where there is a broad arbitration provision. A… Continue reading Arbitration Means Arbitration Even If It Is About Arbitration
Reference to AAA Construction Industry Rules means that Parties Agreed to have Arbitrator Determine Arbitrability
Stan Martin | Commonsense Construction Law LLC | January 28, 2016 A Florida Court of Appeal has concluded that an arbitration clause incorporating the AAA Construction Industry Arbitration Rules means that the parties intended to submit issues of arbitrability to the arbitrator and not to the courts. The parties had used a standard AIA contract… Continue reading Reference to AAA Construction Industry Rules means that Parties Agreed to have Arbitrator Determine Arbitrability
Arbitrators’ Award of Attorney’s Fees Thrown Out Because the Parties’ Agreement Did Not Provide for It
Andrew G. Wailgum and Sara P. Bryant | Murtha Cullina LLP | January 27, 2016 The Massachusetts Supreme Judicial Court recently voided an arbitration panel’s award of attorney’s fees because the terms of the parties’ arbitration agreement did not specifically provide that the prevailing party could be awarded fees. Beacon Towers Condo. Trust v. Alex, 473… Continue reading Arbitrators’ Award of Attorney’s Fees Thrown Out Because the Parties’ Agreement Did Not Provide for It
Third Circuit Rules that Courts, not Arbitration Panels, Have Final Word on Class Action Arbitrability
Rebekah Byers Kcehowski, Sharyl A. Reisman and Darren K. Cottriel | Jones Day | January 15, 2016 In Brief The history and proceedings of the Third Circuit’s recent decision in Chesapeake Appalachia, LLC v. Scout Petroleum, LLC, No. 15-1275, 2016 U.S. App. LEXIS 42 (3d Cir. Jan. 5, 2016), are a precautionary tale suggesting that companies… Continue reading Third Circuit Rules that Courts, not Arbitration Panels, Have Final Word on Class Action Arbitrability