Erin M. Bosman, Julie Y. Park, Ashley E. Quinn & Rachel A. Kaiser | Morrison & Foerster Finally addressing costly mass arbitration concerns, the American Arbitration Association (AAA) and Judicial Arbitration and Mediation Services (JAMS) announced major changes to their arbitration rules. The updates aim to curb abusive mass filing costs in arbitration. Arbitration is… Continue reading Time to Update Your Terms – AAA and JAMS Update Mass Arbitration Rules
Tag: arbitration
Yes, Prejudice May Be Included in a Court’s Analysis of a Waiver of Arbitration
Bryan Hahm | Gibbons In a recent published opinion, Marmo & Sons General Contracting, LLC v. Biagi Farms, LLC, the Appellate Division affirmed the trial court’s finding that a party had waived its contractual right to compel arbitration. At issue was the non-moving party’s assertion that the U.S. Supreme Court’s 2022 decision in Morgan v. Sundance, Inc. forbade… Continue reading Yes, Prejudice May Be Included in a Court’s Analysis of a Waiver of Arbitration
Arbitration Is Meant To Be Expeditious, But Is It Really?
Gaary Nadler | JAMS Arbitration is meant to be expeditious and to avoid the time and expense associated with proceeding in court. While that is still the goal, at times the speed of the arbitration process can vary significantly. As a preliminary matter, an arbitration agreement is a contract, generally governed by contract law and… Continue reading Arbitration Is Meant To Be Expeditious, But Is It Really?
Mechanic’s Lien Validity Can Be Decided in Alternative Dispute Resolution in Illinois
Robert J. Golterman, Jeremy P. Brummond and Taylor J. Essner | LewisRice On June 14, 2024, in a case captioned Portage Park Capital, LLC v. A.L.L. Masonry Construction Co., the Illinois First District Court of Appeals clarified and expanded the scope of arbitration in resolving disputes related to mechanic’s liens. Prior to the Portage Park decision, arbitrators determined the… Continue reading Mechanic’s Lien Validity Can Be Decided in Alternative Dispute Resolution in Illinois
Quick Note: Staying, Not Dismissing, Arbitrable Disputes Under Federal Arbitration Act
David Adelstein | Florida Construction Legal Updates As you hopefully know from posted articles, arbitration is a creature of contract. Stated differently, there must be a contractual basis to have a dispute resolved through binding arbitration. The Federal Arbitration Act (FAA) applies to transactions involving interstate commerce. Oftentimes, lawsuits are filed despite an arbitration provision in a contract because… Continue reading Quick Note: Staying, Not Dismissing, Arbitrable Disputes Under Federal Arbitration Act