Matthew E. Draper | Draper & Draper Proceedings subsequent to issuance of award Interpretation and correction of awards Does the arbitral tribunal have the power to correct or interpret an award on its own or at the parties’ initiative? What time limits apply? Most institutional rules grant tribunals a limited amount of time to correct… Continue reading In Brief: Enforcing and Challenging Arbitral Awards in USA
Month: September 2020
In Brief: Arbitration Formalities in USA
Robert J. Ward and Robert M. Abrahams | Schulte Roth and Zabel Arbitration UNCITRAL Model Law Is the arbitration law based on the UNCITRAL Model Law? Congress enacted the Federal Arbitration Act (FAA) in 1925 to validate agreements to arbitrate and to provide mechanisms for their enforcement. The Supreme Court has held that the FAA… Continue reading In Brief: Arbitration Formalities in USA
South Carolina Supreme Court Holds Insurers Not Entitled to Intervene in Construction Defect Action to Contest Coverage
Jared Burtner | Phelps Dunbar The Supreme Court of South Carolina held that the insurers of contractors and subcontractors sued in a construction defect action could not intervene in order to obtain a verdict that would apportion liability and damages among the insurers without the need of a subsequent declaratory judgment action. Builders Mut. Ins.… Continue reading South Carolina Supreme Court Holds Insurers Not Entitled to Intervene in Construction Defect Action to Contest Coverage
Witnesses During COVID Times: Remote Depositions, Virtual Testimony, and Unavailability
Steven K. Davidson, Michael J. Baratz, Jared R. Butcher and Molly Bruder Fox | Steptoe & Johnson First Tuesday Update is our monthly take on current issues in commercial disputes, international arbitration, and judgment enforcement. As the COVID-19 related health risks posed by in-person proceedings continue to persist, courts and litigants must decide how best… Continue reading Witnesses During COVID Times: Remote Depositions, Virtual Testimony, and Unavailability
Georgia Changes Lien Law
Jennifer Grippa | Miles Mediation & Arbitration On August 5, 2020, Georgia Governor Brian Kemp signed a new law, Senate Bill 315, changing Georgia’s lien law statute, O.C.G.A. 44-14-366. The new statute, effective January 1, 2021, makes clear that lien waivers only waive lien or bond rights against the property and do not waive the right to file a lawsuit for non-payment. The change in… Continue reading Georgia Changes Lien Law