Alyssa M. Bussey | Smith Currie & Hancock | April 20, 2016 The construction industry has long been a leader in the use of arbitration. An arbitration clause was first included in the AIA standard form contract in 1915. The Federal Arbitration Act (FAA) was first enacted in 1925 and the American Arbitration Association was… Continue reading Giving Power to the Arbitrator: Permissible and Impermissible Delegations of Power
Category: Arbitration
To Arbitrate or Not to Arbitrate? That is the Question
Garret Murai | California Construction Law Blog | April 25, 2016 It’s been the fodder of debate of philosophers, academics and the rest of us for ages: Do we have free will or are our actions predetermined and the result of preceding events? Are human beings fundamentally selfless or self preserving? Coca-Cola or Pepsi? iOs or android? And… Continue reading To Arbitrate or Not to Arbitrate? That is the Question
Fourth Circuit: Courts, Not Arbitrators, Decide If Arbitration Agreement Authorizes Class-Wide Arbitration
Archis A. Parasharami, Kevin S. Ranlett and Charles E. Harris, II | Mayer Brown | April 4, 2016 A unanimous panel of the U.S. Court of Appeals for the Fourth Circuit has held that the question whether an arbitration agreement authorizes class-wide arbitration is for the courts, not an arbitrator, to decide—unless the agreement clearly… Continue reading Fourth Circuit: Courts, Not Arbitrators, Decide If Arbitration Agreement Authorizes Class-Wide Arbitration
Arbitration vs. Litigation: The Great Debate
David K. Taylor | Bradley Boult Cummings LLP | April 12, 2016 Many of the “form” commercial construction contracts (e.g., AIA forms) contain “dispute resolution” clauses proposing binding arbitration as opposed to courtroom litigation. Most U.S. courts, faced with the number of cases flooding the legal system, regularly enforce arbitration clauses. However, the decision to… Continue reading Arbitration vs. Litigation: The Great Debate
Agreements to Arbitrate Are Simple, Right?
Ira M. Schulman | Pepper Hamilton LLP | March 31, 2016 The construction industry has been a leader in the use of arbitration to resolve disputes. In the past 30 years, it is fair to say that arbitration has outpaced litigation as the dominant method of dispute resolution. The protracted time for a construction case… Continue reading Agreements to Arbitrate Are Simple, Right?