David Taylor | Bradley In a civil case, is it wiser for a business to try to persuade the counterparty to agree from the outset to arbitration—or potentially to place it’s very solvency in the unpredictable hands of a judge and jury? Many “form” commercial contracts contain clauses mandating that any disputes that arise be… Continue reading The Great Debate: Do You Arbitrate Commercial Disputes?
Tag: arbitration
Home Builders and Developers Beware: SC Supreme Court Beats Up Hybrid Arbitration Clauses Mercilessly
Ned Nicholson | Best Practices Construction Law If you are a homebuilder, residential housing developer, construction industry insurer, or any one of the many participants in the industry providing affordable and decent housing for the citizens of South Carolina, you are already aware that South Carolina courts have for decades prioritized the promotion of consumer… Continue reading Home Builders and Developers Beware: SC Supreme Court Beats Up Hybrid Arbitration Clauses Mercilessly
Can I be Required to Mediate, Arbitrate or Litigate a California Construction Dispute in Some Other State?
William L. Porter | Porter Law Group It is not uncommon in the construction industry for an out-of-state general contractor to include a provision in a subcontract requiring a California subcontractor to resolve disputes outside the state of California, even though the work is to be performed within California. Fortunately, most California subcontractors are immune… Continue reading Can I be Required to Mediate, Arbitrate or Litigate a California Construction Dispute in Some Other State?
AAA Amendments to the Commercial Arbitration Rules and Mediation Procedures
Justin Leonelli and Rich Paciaroni | K&L Gates Effective 1 September 2022, the American Arbitration Association (AAA) has updated its Commercial Arbitration Rules and Mediation Procedures, representing their first revisions since 1 July 2013. These amendments provide key updates and improvements to the commercial arbitration process, including with respect to the following: CONSOLIDATION AND JOINDER… Continue reading AAA Amendments to the Commercial Arbitration Rules and Mediation Procedures
U.S. Litigation Basics – What Are Your Options?
Jihee Ahn | Harris Bricken When issues come up, most of our international clients believe filing a lawsuit is the only answer. Unfortunately, the United States litigation process is often complicated and expensive – there will be an exchange of information and documents, the taking of depositions, and probably some motion practice along the way… Continue reading U.S. Litigation Basics – What Are Your Options?