Martin F. 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,… Continue reading No More Discretion: US Supreme Court Rules Cases Sent to Arbitration Must Be Put on Hold
Category: Arbitration
Just as “Shall” Means “Shall”, “Stay” Means “Stay”
Matthew C. Hurley, Geoffrey A. Friedman and Simone B. Yhap | Mintz To stay or to go (from the docket)? For decades, federal courts of appeal have disagreed on a fundamental procedural question: when a dispute filed in federal district court is subject to arbitration, should the court dismiss the action or stay it pending… Continue reading Just as “Shall” Means “Shall”, “Stay” Means “Stay”
High Court Confirms That “Stay” Means “Stay” When Arbitration is Compelled
Travis Chance and Emily L. Dyer | Brownstein Hyatt Farber Schreck The Federal Arbitration Act (FAA) governs contracts “evidencing a transaction involving commerce” wherein the parties have agreed to arbitrate any dispute that may arise out of the contract. 9 U.S.C. Section 2. The FAA’s application is broad—in the words of the United States Supreme… Continue reading High Court Confirms That “Stay” Means “Stay” When Arbitration is Compelled
Mistake No. 3 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Failing to Perform Due Diligence on Potential Mediators and Arbitrators
David K. Taylor | BuildSmart I have practiced law for 40 years, with the vast majority as a “construction” lawyer. I have seen great… and bad construction lawyering, both when on the other side of a dispute, as well as when serving over 300 times as a mediator or arbitrator in construction disputes. To be… Continue reading Mistake No. 3 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Failing to Perform Due Diligence on Potential Mediators and Arbitrators
Emerging Trends in Construction Arbitration: Adapting to a Changing Landscape
Jennifer Grippa | Miles Mediation & Arbitration Construction arbitration has evolved significantly over the years. As the industry continues to evolve, so too do the trends and practices within construction arbitration. This article looks at some of the emerging trends that are changing the landscape of construction arbitration and their implications for parties involved in… Continue reading Emerging Trends in Construction Arbitration: Adapting to a Changing Landscape