Jonathan A. Berkelhammer | Ellis & Winters | November 2, 2015 The Federal Rules of Civil Procedure were designed to “secure a just, speedy, and inexpensive determination of every action and proceeding.” Fed. R. Civ. P. 1. Yet with the previously “accepted rule that a complaint should not be dismissed for failure to state a… Continue reading Arbitration: a Comparison of the Pros and Cons
Tag: arbitration
Arbitration Clauses Under Attack – do they Harm Consumers?
John Paul Nefflen | Burr Foreman LLP | November 2, 2015 Arbitration clauses are a common feature in a large part of my business litigation practice. They are generally enforceable under both federal and state statutes (e.g., the Federal Arbitration Act and the Tennessee Uniform Arbitration Act), and federal and state case law generally uphold… Continue reading Arbitration Clauses Under Attack – do they Harm Consumers?
Ninth Circuit: Incorporation of the AAA’s Rules Is Agreement to “Arbitrate Arbitrability”
Mark W. Frilot | The Dispute Resolver | November 6, 2015 The Ninth Circuit’s recent decision in Brennan v. Opus Bank, Nos. 13-35580 & 13-35598 (9th Cir. 8/25/15) is not a construction case. However, the court’s decision might be pertinent to parties seeking to compel arbitration of construction disputes, particularly disputes arising from contracts that… Continue reading Ninth Circuit: Incorporation of the AAA’s Rules Is Agreement to “Arbitrate Arbitrability”
Owner’s Claim for Defective Work not Barred by Prior Arbitration
Stan Martin | Commonsense Construction Law LLC | October 26, 2015 A contractor who successfully pursued payment in arbitration objected when the public authority owner subsequently filed a lawsuit claiming defective work. The contractor argued that the lawsuit was barred by doctrines of res judicata or collateral estoppel, but the Appellate Court of Connecticut has… Continue reading Owner’s Claim for Defective Work not Barred by Prior Arbitration
Arbitration Rulings are Final, Even When the Arbitrators Get It “Wrong on the Law”
David K. Nelson | Kean Miller | August 13, 2015 Parties involved in the construction industry have long been familiar with mandatory arbitration as a dispute resolution procedure. Originally arbitration was said to be more efficient and less expensive than litigation. Over time, experience has shown that arbitration is not necessarily more efficient or more… Continue reading Arbitration Rulings are Final, Even When the Arbitrators Get It “Wrong on the Law”