Martin Gusy and Camille M. Ng | Bracewell Do federal courts have the discretion to dismiss lawsuits once it is determined that all underlying claims are covered by mandatory arbitration agreements? The answer is “no,” according to the outcome of the unanimous decision from the US Supreme Court in Smith v. Spizzirri. Specifically, the decision, authored… Continue reading No More Discretion: US Supreme Court Rules Cases Sent To Arbitration Must Be Put On Hold
Category: Arbitration
How to Make Arbitration Work for You
Adam E. Witkov | Michael Best & Friedrich When disputes arise in business, arbitration can be beneficial over litigation. It can provide a more streamlined, cost-effective, and confidential way to resolve conflicts. To ensure that this serves your interests, it’s crucial to understand how to set it up effectively. Arbitration is an alternative to litigation as a means… Continue reading How to Make Arbitration Work for You
American Arbitration Association Amends Construction Industry Arbitration Rules
Adam Ennis | Steptoe & Johnson Many construction contracts call for disputes to be decided by arbitration under the auspices of the American Arbitration Association (AAA). In 2024, the AAA amended its rules governing AAA construction industry arbitrations. Space limitations prevent full recitation of those changes, but a short discussion of some of the more… Continue reading American Arbitration Association Amends Construction Industry Arbitration Rules
The Finality of Arbitration: Supreme Court of South Carolina Curbs Arbitration Panel’s Authority
David W. Owen and Will White | BuildSmart One of the several attractive aspects of arbitration is the finality of the decision. With limited grounds to appeal or vacate an arbitration award, litigants can generally expect a final award to end any controversy between them. There are, however, rare situations where an arbitration decision is… Continue reading The Finality of Arbitration: Supreme Court of South Carolina Curbs Arbitration Panel’s Authority
Should I Stay or Should I Go? The Supreme Court Says “Stay”
Brendan J. Witry | The Dispute Resolver In the construction industry, arbitration is a frequently agreed-upon and utilized dispute resolution method. The Federal Arbitration Act (the “FAA”), 9 U.S.C. 1, et seq., provides the underpinning and framework for how courts should handle litigation in connection with arbitration agreements. Where a party asserts that a claim brought… Continue reading Should I Stay or Should I Go? The Supreme Court Says “Stay”