Bryan Hahm | Gibbons In a recent published opinion, Marmo & Sons General Contracting, LLC v. Biagi Farms, LLC, the Appellate Division affirmed the trial court’s finding that a party had waived its contractual right to compel arbitration. At issue was the non-moving party’s assertion that the U.S. Supreme Court’s 2022 decision in Morgan v. Sundance, Inc. forbade… Continue reading Yes, Prejudice May Be Included in a Court’s Analysis of a Waiver of Arbitration
Category: Arbitration
Arbitration Is Meant To Be Expeditious, But Is It Really?
Gaary Nadler | JAMS Arbitration is meant to be expeditious and to avoid the time and expense associated with proceeding in court. While that is still the goal, at times the speed of the arbitration process can vary significantly. As a preliminary matter, an arbitration agreement is a contract, generally governed by contract law and… Continue reading Arbitration Is Meant To Be Expeditious, But Is It Really?
Standard Contract Waiver Analysis Applies To Arbitration Agreements
Clara Rademacher and Joshua Rodine | Seyfarth Seyfarth Synopsis: The California Supreme Court reaffirmed that arbitration agreements are on equal footing with other types of contracts. Therefore, a court should apply the same principles that apply to other contracts to determine whether the party seeking to enforce an arbitration agreement has waived its right to… Continue reading Standard Contract Waiver Analysis Applies To Arbitration Agreements
Quick Note: Staying, Not Dismissing, Arbitrable Disputes Under Federal Arbitration Act
David Adelstein | Florida Construction Legal Updates As you hopefully know from posted articles, arbitration is a creature of contract. Stated differently, there must be a contractual basis to have a dispute resolved through binding arbitration. The Federal Arbitration Act (FAA) applies to transactions involving interstate commerce. Oftentimes, lawsuits are filed despite an arbitration provision in a contract because… Continue reading Quick Note: Staying, Not Dismissing, Arbitrable Disputes Under Federal Arbitration Act
Contractor Prevails Against Owner In Arbitration Successfully Arguing Modification Of The Contract Based Upon The Parties’ Course Of Conduct
Robert Fryman and Danielle Marlow | Moritt Hock & Hamroff Often, the performance by parties to a contract varies from the written terms and conditions of the contract in slight, immaterial ways. Occasionally, the parties’ performance, either individually or collectively, may vary significantly from the contract’s express terms, giving rise to disputes and claims of… Continue reading Contractor Prevails Against Owner In Arbitration Successfully Arguing Modification Of The Contract Based Upon The Parties’ Course Of Conduct