Addressing who should decide whether a dispute falls within the scope of an arbitration clause, the U.S. Court of Appeals for the 11th Circuit reversed a district court’s denial of a motion to compel arbitration and remanded the case for an order compelling arbitration. U.S. Nutraceuticals, LLC v. Cyanotech Corp., No. 13-12863, 2014 WL 5471913… Continue reading Arbitrator Should Decide Whether Dispute Falls Within The Scope Of The Arbitration Clause
Tag: arbitration
Is the Med-Arb Format Right For You?
Nicholas P. Brown | The Dispute Resolver | December 11, 2014 As the cost of litigation has grown and the appetite for its attendant risks declined, owners and contractors have increasingly relied upon mediation and binding arbitration to resolve disputes. One particularly unique dispute resolution format is the combination mediation/arbitration (or “med-arb”) where the same… Continue reading Is the Med-Arb Format Right For You?
Dispute Resolution Boards as an Alternative to Arbitration
Matthew J. Eandi, Esq. | Ervin Cohen & Jessup LLP | October 10, 2014 Disputes are inevitable in the construction context where numerous professionals are engaged in the development of highly complex building projects, often over several years, with many of these sophisticated parties represented by attorneys from the get-go. The stakes are high in this… Continue reading Dispute Resolution Boards as an Alternative to Arbitration
New AAA Construction Rules Offer Certainty to Arbitration of Construction Disputes
Nicholas V. Fox, George E. Rahn, Jr. and Frederick D. Strober – June 19, 2014 The American Arbitration Association (“AAA”) unveiled supplementary rules for construction proceedings that seek to remove some uncertainty from the resolution of construction disputes. The new rules, which took effect on June 15, 2014, permit the parties to predetermine certain aspects… Continue reading New AAA Construction Rules Offer Certainty to Arbitration of Construction Disputes