Nancy Holtz and Patricia Thompson | JAMS A recent federal court ruling held that an arbitration award would be enforced under the facts of that case, regardless of whether the parties considered the award “good, bad or ugly.” See RSM Production Corp. v. Gaz du Cameroun, S.A., 117 F.4th 707, 714 (5th Cir. 2024). As explained… Continue reading How Not to Frustrate an Arbitrator
Tag: arbitration
“Over? Did You Say ‘Over’?” Determining the Preclusive Effect of an Earlier Arbitration Award
Daniel Lund III | Phelps Dunbar In Nat’l Cas. Co. v. Cont’l Ins. Co., 2024 U.S. App. LEXIS 29826 (7th Cir. Nov. 22, 2024), the United States Seventh Circuit Court of Appeals recently held that under the Federal Arbitration Act, an arbitrator – and not a court – is to determine the preclusive effect of an… Continue reading “Over? Did You Say ‘Over’?” Determining the Preclusive Effect of an Earlier Arbitration Award
A Potentially Less Expensive and More Effective Arbitration Process
James T. Swensen | JAMS Have you ever handled a case that was difficult to settle because of a single disputed fact? Party A insists something is black, while Party B argues just as adamantly that it is white. These types of factual disputes often become significant roadblocks to resolution, prolonging the process and increasing… Continue reading A Potentially Less Expensive and More Effective Arbitration Process
Three-Dimensional Chess: Harmonizing Dispute Resolution Clauses in Commercial Insurance Programs
Elizabeth J. Dye and Mark J. Plumer | Policyholder Pulse Considering the complex structure of commercial insurance programs—typically purchased in annual “towers” of insurance—risk managers and in-house counsel often do not pay sufficient attention to arbitration-related provisions, which the insurance industry is more frequently including in its policies. That’s like playing only one board in… Continue reading Three-Dimensional Chess: Harmonizing Dispute Resolution Clauses in Commercial Insurance Programs
Mistake No. 8 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Know the Benefits and Perils of a Privately Administered Arbitration
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 representing a party and when serving over 300 times as a mediator or arbitrator in construction disputes. I have made my share of mistakes and… Continue reading Mistake No. 8 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Know the Benefits and Perils of a Privately Administered Arbitration