Liz Kramer | Stinson Leonard Street LLP | August 3, 2016 What is “arbitration”? Although courts often use and apply the word, rarely do they stop to define it. While the FAA concerns agreements to “settle by arbitration a controversy,” the FAA does not define “arbitration,” leaving the question to the courts. Lacking definitive guidance… Continue reading What’s in a Name?: Defining Arbitration Across the Circuits
Category: Arbitration
The Anatomy of a Construction Dispute- The Claim
Christopher G. Hill | Construction Law Musings A new year brings with it promise and challenges. The promise is a relatively clean slate and the thought that 2015 will be a great year for construction professionals and those that assist them. The challenges come from the almost inevitable issues that can arise on a construction… Continue reading The Anatomy of a Construction Dispute- The Claim
The Anatomy of a Construction Dispute Stage 2- Increase the Heat
Christopher G. Hill | Construction Law Musings Last week we discussed the groundwork and circumstances of a construction claim. This week’s post will discuss the next steps, hopefully short of full blown arbitration or litigation that you, as a construction company, can pursue presuming your claim has been properly preserved. If your contract requires certain… Continue reading The Anatomy of a Construction Dispute Stage 2- Increase the Heat
Latest Developments in Arbitration for the Construction Law Practitioner
Lionel M. Schooler | Jackson Walker | July 14, 2016 G. T. Leach Builders V. Sapphire V.P.: Non-Signatories’ Right to Compel Arbitration; Waiver of Right to Arbitrate By far, the most recent, significant arbitration development for construction law practitioners was the Texas Supreme Court’s decision in G. T. Leach Builders v. Sapphire V.P., which reiterated… Continue reading Latest Developments in Arbitration for the Construction Law Practitioner
Q. Is My Arbitration Provision Enforceable? A. Maybe
Josh Bennett | Rogers Townsend & Thomas | July 12, 2016 Contractors often insert provisions into their contracts that seemingly would benefit them if a dispute were to arise down the road. However, the question often arises whether such provisions are always enforceable. Unfortunately, the answer is usually a resounding “maybe.” This past week, on… Continue reading Q. Is My Arbitration Provision Enforceable? A. Maybe