Laura Brazil and Anthony Labib | Forum on Construction Law Dispute Resolution Boards (“DRBs”) continue to grow in popularity, particularly for major infrastructure projects. As such, we can expect that construction lawyers will increasingly be advising clients on whether to send a dispute to the DRB or go directly to arbitration. In this post, we… Continue reading Should You Use the DRB or Go Straight to Arbitration?
Tag: arbitration
Waiving the Right to Arbitrate Under Federal Law
David Adelstein | Florida Construction Legal Updates If there is an arbitration provision in your contract that you want to enforce, you do not want to take action inconsistent with those rights as this could give rise to a waiver argument, i.e., that you waived your rights to arbitrate, particularly if the other party has been prejudiced. Under… Continue reading Waiving the Right to Arbitrate Under Federal Law
Group, Class and Collective Arbitration: Recent Developments in US Commercial Arbitration
Martin J. Valasek and Ernesto M. Hernandez | Norton Rose Fulbright Group arbitration can offer certain advantages over class litigation (not least, the ability to enforce awards across multiple jurisdictions). However the consent-based nature of arbitration can lead to jurisdictional obstacles for such claims. This article explores the US line of authorities dealing with group… Continue reading Group, Class and Collective Arbitration: Recent Developments in US Commercial Arbitration
Concurrent Delay in the Americas: Is There a Continental Shift?
Ted Scott and Meera Wagman | Global Arbitration Review This is an extract from the 2022 edition of The Arbitration Review of the Americas. The whole publication is available here. In summary This article will address how concurrent delay is defined and how it is applied in different parts of the Americas. It will also discuss pitfalls,… Continue reading Concurrent Delay in the Americas: Is There a Continental Shift?
In Brief: Arbitration Agreements in USA
Matthew E. Draper | Draper & Draper Arbitration agreement Arbitrability Are there any types of disputes that are not arbitrable? There are very few restrictions on the types of disputes that can be arbitrated under federal law. Certain intrastate family, consumer and municipal matters may be considered non-arbitrable under state law. Requirements What formal and… Continue reading In Brief: Arbitration Agreements in USA