Paul C. Besozzi | Squire Patton Boggs Many courts have noted the liberal policy in favor of arbitration over litigation. However, even where both parties concede that there is a valid arbitration agreement, the right to compel arbitration can be waived. Absent waiver, there remains the question of whether the dispute at issue falls within… Continue reading No Waiver of Arbitration Right and Arbitrability Determination for Arbitrator
Tag: Arbitration Agreement
Flow-Down Showdown: The Interplay of Arbitration Agreements and Flow-Down Provisions
Lexie Pereira | Forum on Construction Law Flow-down, or pass-through, provisions are among the most important provisions in all subcontracts, at least from the perspective of general contractors. These classic risk-transfer provisions provide that the subcontractor will be bound to the general contractor in the same fashion that the general contractor is bound under its… Continue reading Flow-Down Showdown: The Interplay of Arbitration Agreements and Flow-Down Provisions
In Brief: Arbitration Agreements in USA
Matthew E. Draper | Draper & Draper Arbitration agreement Arbitrability Are there any types of disputes that are not arbitrable? There are very few restrictions on the types of disputes that can be arbitrated under federal law. Certain intrastate family, consumer and municipal matters may be considered non-arbitrable under state law. Requirements What formal and… Continue reading In Brief: Arbitration Agreements in USA
Enforcing Electronic Contracts in Texas When the Other Party Denies Signing
Justin T. Scott and J. David Pugh | Build Smart As an ever-increasing amount of contract negotiation and execution is done online, new legal issues have arisen from such transactions. Consider the following scenario: You are a general/prime contractor. You have a subcontractor’s electronic signature on an arbitration agreement. When a dispute arises with the… Continue reading Enforcing Electronic Contracts in Texas When the Other Party Denies Signing
Drafting a Better Arbitration Agreement to Stay Out of Court
Catherine Delorey | Forum on Construction Law A recent five-year, ten-state study proved that effectively managed arbitrations save time and money in comparison to litigation. This study found that federal court lawsuits lasted over a year longer than arbitrations decided during the same period, which delay caused direct business losses exceeding $10 billion, in part due to… Continue reading Drafting a Better Arbitration Agreement to Stay Out of Court