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
Tag: Arbitration Agreement
“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
Parties to an Agreement to Arbitrate May be Compelled to Arbitrate with Non-Parties
Paul R. Cressman, Jr. | Ahlers Cressman & Sleight In a recent case decided by Division III of the Washington Court of Appeals, David Terry Investments, LLC – PRC v. Headwaters Development Group LLC,[1] the court held that parties to an arbitration agreement can be compelled to arbitrate related claims with non-parties to the agreement based on… Continue reading Parties to an Agreement to Arbitrate May be Compelled to Arbitrate with Non-Parties