Mark Rodio | Frantz Ward It is a well-known general rule that a court cannot compel parties to arbitrate disputes that they have not agreed in writing to arbitrate.[1] “Indeed, when a party resisting arbitration is not a signatory to an arbitration agreement, a presumption against arbitration arises.” Peters v. Columbus Steel Castings Co., Tenth Dist. No.… Continue reading Written Arbitration Agreements Can be Enforced Even if Not Signed
Tag: Arbitration Agreement
California Court Of Appeal Rules Arbitration Agreement Is Unenforceable
Ron Chapman, Jr., Jack Sholkoff and Zachary V. Zagger | Ogletree, Deakins, Nash, Smoak & Stewart A California appellate court recently denied enforcement of an arbitration agreement because (1) it contained provisions the court found problematic, and (2) the employer presented the agreement to the employee for electronic acknowledgment in a manner the court deemed… Continue reading California Court Of Appeal Rules Arbitration Agreement Is Unenforceable
“Arbitration Agreements in Residential Construction Contracts,” ActionLine Spring 2023
Brett Henson | Shumaker, Loop & Kendrick Since July 2019, Florida has seen an influx of over 550,000 new residents, driven in large part by economic migration from other states.[1] This population growth has been accompanied, at least until the third quarter of 2022, with a steady rise in new residential construction. With this increase in… Continue reading “Arbitration Agreements in Residential Construction Contracts,” ActionLine Spring 2023
Improper Application of Arbitration Clause Leads to Remand in Properplates Case
Amandeep Kahlon | Bradley Arant Boult Cummings Indiana, like other states, has a strong policy favoring arbitration agreements, and Indiana courts construe arbitration clauses broadly to make matters abitrable so long as they reasonably fit within the language of the clause. In Haddad v. Properplates, Inc., the Indiana Court of Appeals identified a rare instance where… Continue reading Improper Application of Arbitration Clause Leads to Remand in Properplates Case
Illinois Appellate Court Invalidates Arbitration Provision in Owner-Contractor Construction Contract
W. Matthew Bryant | Saul Ewing Arnstein & Lehr A recent Illinois appellate decision warns that overbroad form arbitration agreements in construction contracts may be unenforceable. In Bain v. Airoom, LLC, 2022 IL App (1st) 211001, the First District Appellate Court unanimously reversed a lower court decision by finding a contractor’s form arbitration agreement unenforceable. A… Continue reading Illinois Appellate Court Invalidates Arbitration Provision in Owner-Contractor Construction Contract