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
Tag: Arbitration Agreement
The Right to Arbitrate and the Risk of Losing It
Katherine H. Blankenship and J. David Pugh | Buildsmart The Alabama Supreme Court recently found that a party was in breach of an arbitration agreement for declining to pay the fee schedule set forth by the American Arbitration Association (AAA) and thus lost the right to compel arbitration. This case serves as a reminder to… Continue reading The Right to Arbitrate and the Risk of Losing It
The Mischief That Arbitrators May Do: Clause Construction Award Enables Class Arbitration
Gilbert Samberg | Mintz If we needed a reminder of why the “delegation” question – i.e., whether parties have agreed that gateway arbitrability issues should be adjudicated in the first instance by an arbitrator rather than by a court – is important, a recent decision by the Fifth Circuit Court of Appeals should do the… Continue reading The Mischief That Arbitrators May Do: Clause Construction Award Enables Class Arbitration
You Cannot Arbitrate Claims Not Covered By The Arbitration Agreement
David Adelstein | Florida Construction Legal Updates Regardless of the type of contract you are dealing with, “[a]rbitration provisions are contractual in nature, and therefore, construction of such provisions and the contracts in which they appear is a matter of contract interpretation.” Wiener v. Taylor Morrison Services, Inc., 44 Fla. L. Weekly D3012f (Fla. 1st DCA 2019).… Continue reading You Cannot Arbitrate Claims Not Covered By The Arbitration Agreement
The Shifting Sands of Alternative Dispute Resolution
Tim Scully | Porter Law Group In California there are few tools which work to protect the employer, and California employers may have just lost another one. On October 10, 2019, Governor Gavin Newson signed into law AB 51, which bans the use of mandatory arbitration agreements in employment contracts. More specifically, AB 51 adds… Continue reading The Shifting Sands of Alternative Dispute Resolution