Katherine Kohm, Esq. | The Dispute Resolver | May 24, 2018 The Supreme Court of Mississippi in D. W. Caldwell, Inc. v. W.G. Yates & Sons Constr. Co., No. 2017-CA-00116-SCT, — So.3d.– (Miss. May 10, 2018) reversed and remanded a trial court’s modification of an arbitration award for “evident miscalculation.” The Supreme Court held that “evident miscalculation… Continue reading In a Matter of First Impression, the Supreme Court Reverses Trial Court: No “Evident Miscalculation” in Arbitration Award
Tag: arbitration
Owner’s Participation in Pre-Trial Litigation does not Amount to a Waiver of Arbitration
Sumit K. Arora | International Law Office | May 28, 2018 Proving waiver of a party’s contractual right to arbitrate has often been a laborious obligation of the party bearing such burden. Because the law strongly favors arbitration, the burden to prove the defense “is a high one.” Perry Homes v. Cull, 258 S.W.3d 580, 590… Continue reading Owner’s Participation in Pre-Trial Litigation does not Amount to a Waiver of Arbitration
How To Lose the Right To Arbitrate In One Easy (Mis)Step
Jonathan Bank and Matthew Murphy | Locke Lord LLP | May 25, 2018 The recent decision of Nielsen Contracting, Inc. v. Applied Underwriters, Inc., 232 Cal.Rptr.3d 282 (Cal. App. 4 Dist. 2018) provides a cautionary tale of the failure to comply with insurance regulatory filing requirements of collateral agreements to insurance policies. Nielsen Contracting, Inc. and… Continue reading How To Lose the Right To Arbitrate In One Easy (Mis)Step
Court Applies Abstention Doctrine to Dismiss Petition to Confirm Arbitration Award
Sunu M. Pillai | Construction Industry Counselor | May 3, 2018 The abstention doctrine allows a federal district court to stay or dismiss a case properly before it for reasons of “wise judicial administration.” The US District Court for the District of Rhode Island recently applied this doctrine, and elected to abstain from ruling on… Continue reading Court Applies Abstention Doctrine to Dismiss Petition to Confirm Arbitration Award
Claim of Fraudulent Inducement of a Construction Contract Does Not Invalidate Arbitration Clause in That Same Contract
Emily D. Anderson | Pepper Hamilton | February 8, 2018 Koudela v. Johnson & Johnson Custom Builders, LLC, 2017 Ohio App. Lexis 5800 (December 29, 2017) In this case, Nicolas and Monica Koudela (the “Koudelas”) entered into a construction contract with “Johnson & Johnson Builders” (the “Agreement”), whereby Johnson & Johnson Builders agreed to construct… Continue reading Claim of Fraudulent Inducement of a Construction Contract Does Not Invalidate Arbitration Clause in That Same Contract