Liz Kramer – October 10, 2012 I see more and more arbitration agreements that contain their own limitations period (the timeline for bringing a dispute in arbitration). Are all of those necessarily enforceable? No. In Order of United Commercial Travelers of America v. Wolfe, 331 U.S. 586 (1947), the Supreme Court held that contracts may shorten… Continue reading How low can you go? Shortening the Statute of Limitations in Arbitration Agreements
Tag: arbitration
California Supreme Court Enforces Arbitration Provision in Construction Defect Case
Timothy J. Toohey – September 14, 2012 In our December 2011 Under Construction newsletter, we reported on the tendency of certain California courts to decline to enforce arbitration provisions in construction defect cases. See Arbitration in California Construction Defect Cases After AT&T Mobility v. Concepcion. As we noted, California courts have continued after the U.S.… Continue reading California Supreme Court Enforces Arbitration Provision in Construction Defect Case
“Testing the Water Before Taking the Swim” – How Participating in Litigation May Constitute Waiver of the Right to Arbitration
R. Mark Donnell – August 31, 2012 There are plenty of reasons that parties include arbitration clauses in their contracts. But, there may also be good reasons to choose not to invoke those clauses, at least in the short term, even when one party has filed a complaint. For example, if a defendant believes the… Continue reading “Testing the Water Before Taking the Swim” – How Participating in Litigation May Constitute Waiver of the Right to Arbitration
California Supreme Court Enforces Arbitration Provision in Construction Defect Case
Timothy J. Toohey – September 14, 2012 In our December 2011 Under Construction newsletter, we reported on the tendency of certain California courts to decline to enforce arbitration provisions in construction defect cases. See Arbitration in California Construction Defect Cases After AT&T Mobility v. Concepcion. As we noted, California courts have continued after the U.S.… Continue reading California Supreme Court Enforces Arbitration Provision in Construction Defect Case
Delaware Amends Building Construction and Payment Statute
Seth A. Niederman – July 20, 2012 Delaware recently passed House Bill No. 109, which amends Delaware’s laws regarding Building Construction Payments. Two notable revisions which may be of interest to our readers: The amendments clarify when fees and costs may be awarded and the standard for awarding fees (see previous post on recovery of attorney’s fees here). Specifically, the… Continue reading Delaware Amends Building Construction and Payment Statute