Matthew K. Lilly | Bradley Arant Boult Cummings When a party files a lawsuit in court despite agreeing in the contract to arbitrate the dispute, the Federal Arbitration Act (FAA) entitles the responding party to file a motion to stay, or pause, the lawsuit and compel the case to arbitration. While the responding party can… Continue reading Is It Too Late to Arbitrate? The Supreme Court Clarifies the Test for Whether a Party Has Waived Its Right to Arbitrate
Tag: arbitration
Arbitrations – Worth the Supposed Savings?
Ethan Minkin | Harris Bricken When I was starting my career as a lawyer in the early 2000s, alternative dispute resolution (ADR) became very popular. ADR includes mediation and arbitration. During that time in my career, I was working mostly on transactional matters and some of the senior lawyers told me it could be legal… Continue reading Arbitrations – Worth the Supposed Savings?
Top Tips for Attorneys Representing Clients in Arbitrations
Harold Himmelman | JAMS Planning and preparation are key components for any successful arbitration. Over the years, as a former litigator and current arbitrator, I have gleaned a number of lessons and tips that I believe will help any attorney who is representing a client in an arbitration. Below are my top tips. Vet and… Continue reading Top Tips for Attorneys Representing Clients in Arbitrations
Successful Arbitration of International Construction Disputes
Randall F. Hafer | Kilpatrick Townsend & Stockton Kilpatrick Townsend’s Randy Hafer recently presented on the topic of “Successful Arbitration of International Construction Disputes” at the 2022 Risk Management in Underground Construction Conference. As tunneling projects get larger and more complicated, the issue of risk becomes more important. The Risk Management in Underground Construction Conference… Continue reading Successful Arbitration of International Construction Disputes
Viewpoint: Is Appraisal an Arbitration? Yes and No. Maybe. Sort of.
George E. Reede, Jr. and Jessica E. Pak | Claims Journal Appraisal and arbitration are similar – and different. Are they so similar that appraisal can be called a form of arbitration, or are they so different that appraisal is a thing unto itself? And most important, the next time you contemplate demanding appraisal –… Continue reading Viewpoint: Is Appraisal an Arbitration? Yes and No. Maybe. Sort of.