The practice of requiring employees to sign mandatory arbitration agreements has become more widespread, and the enforceability of those agreements are routinely accepted by the courts. The pros and cons that are typically associated with arbitration include the following: Avoidance of Juries: Conventional wisdom is that arbitrators tend to be both more predictable in decision… Continue reading Jury Waivers: an Alternative to Arbitration
Tag: arbitration
Maryland Court Holds Arbitration Clause in a Contract Partially Unenforceable
Stephen R. Freeland May 7 2012 In College Park Pentecostal Holiness Church v. General Steel Corp., Civ. No. PJM 09-2070 (D. Md.), the United States District Court for the District of Maryland struck down several portions of an arbitration clause in a standardized construction contract as unconscionable. The case was filed by the plaintiff church… Continue reading Maryland Court Holds Arbitration Clause in a Contract Partially Unenforceable
Administrative Fees Should be Considered When Selecting a Dispute Resolution Provision
Patrick J. Kearney – March 2, 2012 Both lawyers and clients agonize over the tactical advantages and disadvantages of arbitration and litigation. Generally, the reason for the prolonged deliberation is the parties are attempting to make a reasoned and informed decision when selecting a dispute resolution provision for their contract. Some parties prefer arbitration, because… Continue reading Administrative Fees Should be Considered When Selecting a Dispute Resolution Provision
5 Reasons Why You Need Arbitration for a Construction Dispute
by Melissa Dewey Brumback on February 18th, 2012 Arbitration may be a better alternative to some construction disputes, assuming that you use a qualified and skilled arbitrator or arbitration panel. Here are five benefits for using arbitration over litigation: Arbitration means that the decision maker is anexperienced industry professional instead of a lay jury. Arbitration can… Continue reading 5 Reasons Why You Need Arbitration for a Construction Dispute
Piercing the Corporate Veil to Collect on Award is Outside Scope of Arbitration Clause
Liz Kramer – January 19, 2012 The highest court in the District of Columbia has held that piercing the corporate veil is outside the scope of the arbitration clause in Giron v. Dodds, 2012 WL 18574 (D.C. Ct. App. 2012). But the case’s reasoning may extend to all cases in which a party must bring… Continue reading Piercing the Corporate Veil to Collect on Award is Outside Scope of Arbitration Clause