Larry P. Schiffer | Squire Patton Boggs | February 19, 2016 No one should doubt that the federal policy in favor of arbitration is broad and deep. It is evident in how difficult it is to vacate an arbitration award or avoid having to arbitrate a dispute where there is a broad arbitration provision. A… Continue reading Arbitration Means Arbitration Even If It Is About Arbitration
Tag: arbitration
Reference to AAA Construction Industry Rules means that Parties Agreed to have Arbitrator Determine Arbitrability
Stan Martin | Commonsense Construction Law LLC | January 28, 2016 A Florida Court of Appeal has concluded that an arbitration clause incorporating the AAA Construction Industry Arbitration Rules means that the parties intended to submit issues of arbitrability to the arbitrator and not to the courts. The parties had used a standard AIA contract… Continue reading Reference to AAA Construction Industry Rules means that Parties Agreed to have Arbitrator Determine Arbitrability
Arbitrators’ Award of Attorney’s Fees Thrown Out Because the Parties’ Agreement Did Not Provide for It
Andrew G. Wailgum and Sara P. Bryant | Murtha Cullina LLP | January 27, 2016 The Massachusetts Supreme Judicial Court recently voided an arbitration panel’s award of attorney’s fees because the terms of the parties’ arbitration agreement did not specifically provide that the prevailing party could be awarded fees. Beacon Towers Condo. Trust v. Alex, 473… Continue reading Arbitrators’ Award of Attorney’s Fees Thrown Out Because the Parties’ Agreement Did Not Provide for It
Third Circuit Rules that Courts, not Arbitration Panels, Have Final Word on Class Action Arbitrability
Rebekah Byers Kcehowski, Sharyl A. Reisman and Darren K. Cottriel | Jones Day | January 15, 2016 In Brief The history and proceedings of the Third Circuit’s recent decision in Chesapeake Appalachia, LLC v. Scout Petroleum, LLC, No. 15-1275, 2016 U.S. App. LEXIS 42 (3d Cir. Jan. 5, 2016), are a precautionary tale suggesting that companies… Continue reading Third Circuit Rules that Courts, not Arbitration Panels, Have Final Word on Class Action Arbitrability
To Be or Not to Be in Arbitration? That is the Question
Tony Byler and Daniel E. Fierstein | Construction Law Signal | January 14, 2016 Arbitration has become a very common and effective way to resolve construction disputes in lieu of traditional litigation, and it is easy to understand why: The parties can select arbitrators with construction expertise who speak their language and are more likely… Continue reading To Be or Not to Be in Arbitration? That is the Question