Adam J. Hiller | Gordon Rees Scully Mansukhani Do we advise our contractor clients to litigate or arbitrate? It is a question that is considered frequently in the construction context; however, with the COVID-19 pandemic and a “new normal” that is all but certain to develop, arbitration may become a preferred means to resolve disputes.… Continue reading Arbitrating Construction Matters: A Preferable Means of Resolution in Light of the COVID-19 Pandemic?
Tag: arbitration
Is The “Clear And Unmistakable” Hurdle For Delegation Of Arbitrability Issues To An Arbitrator Uniform Or Variable?
Gilbert Samberg | Mintz The United States Supreme Court established that questions of arbitrability are presumptively for a court unless the parties clearly and unmistakability manifest their intention (i.e, agreement) that such issues should be determined by an arbitrator in the first instance. See First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 944 (1995); see… Continue reading Is The “Clear And Unmistakable” Hurdle For Delegation Of Arbitrability Issues To An Arbitrator Uniform Or Variable?
Virtual Arbitrations/Trials — Should You Use An Expanded Witness Oath?
John E. Bulman and R. Thomas Dunn | Solid Foundation: A Construction Law Blog For arbitrations and trials that are pending and/or are scheduled for the near term, the judges/arbitrators/counsel/parties are now confronting the decision on whether to proceed forward with conducting the proceedings remotely. If they decide to proceed forward, there will naturally be… Continue reading Virtual Arbitrations/Trials — Should You Use An Expanded Witness Oath?
INSIGHT: Best Practices for Conducting Remote Arbitration Hearings
Jessica Sabbath and Brianna E. Kostecka | The Dispute Resolver Two King & Spalding attorneys were one week into a two-week arbitration hearing when New York City shut down due to the coronavirus pandemic. They learned valuable lessons from continuing the hearing via video and share their experience and some tips. ********* Most businesses must… Continue reading INSIGHT: Best Practices for Conducting Remote Arbitration Hearings
Reverse Preemption Is Alive And Well In Washington State
Larry P. Schiffer | Squire Patton Boggs Most reinsurance contracts have binding arbitration provisions. The Federal Arbitration Act (FAA) sets out a national policy in favor of arbitration. Yet, there are states that expressly preclude arbitration provisions in insurance contracts. Does that apply to reinsurance contracts? In Washington Cities Insurance Authority v. Ironshore Indemnity, Inc., No.… Continue reading Reverse Preemption Is Alive And Well In Washington State