Bill Wilson | Construction Law Zone Dispute resolution provisions that grant one party the unilateral right to choose either litigation or arbitration to resolve disputes are common in the construction industry. The main difference between the two forums is that courts are more likely to strictly enforce contract terms as written as well as the… Continue reading New Mexico Holds One-Sided Dispute Resolution Provisions Are Unenforceable
Category: Arbitration
Time to Update Your Terms – AAA and JAMS Update Mass Arbitration Rules
Erin M. Bosman, Julie Y. Park, Ashley E. Quinn & Rachel A. Kaiser | Morrison & Foerster Finally addressing costly mass arbitration concerns, the American Arbitration Association (AAA) and Judicial Arbitration and Mediation Services (JAMS) announced major changes to their arbitration rules. The updates aim to curb abusive mass filing costs in arbitration. Arbitration is… Continue reading Time to Update Your Terms – AAA and JAMS Update Mass Arbitration Rules
U.S. Supreme Court Provides Guidance on Litigation Over Arbitration Clauses
Michael Vincent and Steven Lindemann | Stinson Arbitration agreements are intended to preclude litigating disputes in court, but the U.S. Supreme Court has clarified in two recent decisions — Coinbase Inc. v. Suski and Smith v. Spizzirri — that in certain circumstances, even the undisputed existence of an arbitration agreement does not compel dismissal of a lawsuit. In one… Continue reading U.S. Supreme Court Provides Guidance on Litigation Over Arbitration Clauses
Attorneys’ Fees and the American Arbitration Association Rule
Bill Wilson | Robinson+Cole A common question from clients, when a dispute arises on a construction project, is whether they can recover their attorney’s fees from the other side if they pursue a case and win. More often than not, such fees are not recoverable. As a general rule (commonly known as the “American Rule”),… Continue reading Attorneys’ Fees and the American Arbitration Association Rule
Yes, Prejudice May Be Included in a Court’s Analysis of a Waiver of Arbitration
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