Alexander G. Thrasher | BuildSmart Although many construction contracts contain arbitration provisions, it is not always clear whether a particular dispute is subject to arbitration and, in some cases, a party may seek to litigate a dispute rather than demand arbitration. In those cases, a defendant may move to compel the dispute to arbitration and… Continue reading Motion to Compel Arbitration Denied? District Court Proceedings Automatically Stayed Pending Appeal
Tag: arbitration
Another Win for Arbitration at U.S. Supreme Court
John S. Delikanakis | Snell & Wilmer On June 23, 2023, the U.S. Supreme Court held in Coinbase v. Bielski that U.S. district court proceedings are automatically stayed during a non-frivolous appeal of a denied motion to compel arbitration. The Court’s decision can be read here. Section 16(a) of the Federal Arbitration Act (FAA) authorizes the immediate appeal… Continue reading Another Win for Arbitration at U.S. Supreme Court
Spotlight: Alternatives to Litigation in USA
Perry J. Goffner and Timothy G. Cameron | Cravath, Swaine & Moore All questions Alternatives to litigation i Overview Given the time, disruption and expense associated with litigation, some parties opt to settle their disputes out of court through ADR procedures. Arbitration and mediation are the most common alternatives. ii Arbitration Arbitration is the submission… Continue reading Spotlight: Alternatives to Litigation in USA
Construction Litigation Roundup: “Splitsville”
Daniel Lund III | Phelps Dunbar A New York general contractor on a Louisiana commercial construction project sought to enjoin an ongoing arbitration with the Illinois project owner (represented by Phelps). The general contractor raised its own lack of licensure as a basis for invalidating the entire construction contract at issue, including the arbitration clause… Continue reading Construction Litigation Roundup: “Splitsville”
Contractor Wins in Arbitration Only to Lose Before the Superior Court on Section 7031 Claim
Garret Murai | California Construction Law Blog If you’re a regularly reader of the California Construction Law Blog you’re aware of Business and Professions Code section 7031 which courts have variously described as “harsh[ ],” “draconian” and “unjust,” but, importantly, nevertheless valid. We haven’t seen many cases applying Section 7031 in an arbitration setting, however,… Continue reading Contractor Wins in Arbitration Only to Lose Before the Superior Court on Section 7031 Claim