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
Tag: arbitration
Contractor Prevails Against Owner In Arbitration Successfully Arguing Modification Of The Contract Based Upon The Parties’ Course Of Conduct
Robert Fryman and Danielle Marlow | Moritt Hock & Hamroff Often, the performance by parties to a contract varies from the written terms and conditions of the contract in slight, immaterial ways. Occasionally, the parties’ performance, either individually or collectively, may vary significantly from the contract’s express terms, giving rise to disputes and claims of… Continue reading Contractor Prevails Against Owner In Arbitration Successfully Arguing Modification Of The Contract Based Upon The Parties’ Course Of Conduct
How to Make Arbitration Work for You
Adam E. Witkov | Michael Best & Friedrich When disputes arise in business, arbitration can be beneficial over litigation. It can provide a more streamlined, cost-effective, and confidential way to resolve conflicts. To ensure that this serves your interests, it’s crucial to understand how to set it up effectively. Arbitration is an alternative to litigation as a means… Continue reading How to Make Arbitration Work for You
American Arbitration Association Amends Construction Industry Arbitration Rules
Adam Ennis | Steptoe & Johnson Many construction contracts call for disputes to be decided by arbitration under the auspices of the American Arbitration Association (AAA). In 2024, the AAA amended its rules governing AAA construction industry arbitrations. Space limitations prevent full recitation of those changes, but a short discussion of some of the more… Continue reading American Arbitration Association Amends Construction Industry Arbitration Rules
The Finality of Arbitration: Supreme Court of South Carolina Curbs Arbitration Panel’s Authority
David W. Owen and Will White | BuildSmart One of the several attractive aspects of arbitration is the finality of the decision. With limited grounds to appeal or vacate an arbitration award, litigants can generally expect a final award to end any controversy between them. There are, however, rare situations where an arbitration decision is… Continue reading The Finality of Arbitration: Supreme Court of South Carolina Curbs Arbitration Panel’s Authority