Yasmine Lahlou and Andrew Poplinger | Chaffetz Lindsey Supreme Court holds that court decides whether subsequent forum selection clause supersedes an arbitration agreement, even if the arbitration agreement delegates arbitrability questions to the arbitrators. Coinbase, Inc. v. Suski, 144 S.Ct. 1186 (2024). The Supreme Court has long held that whether a dispute falls within the… Continue reading Arbitrating The Arbitrability Of Arbitrability?
Category: Arbitration
No Arbitration For Insurers Under Louisiana Law: Louisiana Supreme Court Prohibits Enforcement Of Insurance Policy Arbitration Provisions
Caroline F. Crosby and Jeffrey S. Knighton | Phelps Since Hurricanes Laura and Delta made landfall in 2020, Louisiana has seen a flurry of litigation over whether insurers can enforce arbitration provisions in policies issued in Louisiana. The Louisiana Supreme Court gave insurers and policyholders clarity on these issues in its latest ruling. In answering… Continue reading No Arbitration For Insurers Under Louisiana Law: Louisiana Supreme Court Prohibits Enforcement Of Insurance Policy Arbitration Provisions
Why Homebuilders Must Carefully Structure Arbitration Clauses in Contracts
Alexander Dobrev | Lowndes Arbitration clauses in home purchase agreements and warranties can be powerful tools for resolving disputes efficiently. But as highlighted in a recent Florida appellate case, Osborne v. Drees Homes of Florida, it’s essential to structure these clauses carefully and clearly define their scope. Here’s why: For homebuilders, a well-crafted arbitration clause isn’t… Continue reading Why Homebuilders Must Carefully Structure Arbitration Clauses in Contracts
Should I Stay or Should I … Dismiss: Supreme Court Mandates Federal Courts To Stay, Not Dismiss, Actions Under the Federal Arbitration Act
Matthew H. Mues | Davis Wright Tremaine The question is often raised whether to file a lawsuit in court if claims are subject to arbitration. There are myriad reasons (statutory requirements, statute of limitations/repose, subpoena powers of courts, etc.) why a party may want to first file a lawsuit in court and then stay (or… Continue reading Should I Stay or Should I … Dismiss: Supreme Court Mandates Federal Courts To Stay, Not Dismiss, Actions Under the Federal Arbitration Act
One-Sided Arbitration Clauses: New Mexico Court Decides Fight Between Contractor and Subcontractor
Matthew DeVries | Best Practices Construction Law As a single dad of seven, resolving daily disputes is a common occurrence in my house. Whether it’s whose turn it is to pick the next Netflix stream or who gets the last Crumbl cookie, disagreements are inevitable. Fortunately for my kids, they don’t need to go to an arbitrator or judge… Continue reading One-Sided Arbitration Clauses: New Mexico Court Decides Fight Between Contractor and Subcontractor