David W. Owen and Will White | BuildSmart One of the several attractive aspects of arbitration is the finality of the decision. With limited grounds to appeal or vacate an arbitration award, litigants can generally expect a final award to end any controversy between them. There are, however, rare situations where an arbitration decision is… Continue reading The Finality of Arbitration: Supreme Court of South Carolina Curbs Arbitration Panel’s Authority
Tag: arbitration
Should I Stay or Should I Go? The Supreme Court Says “Stay”
Brendan J. Witry | The Dispute Resolver In the construction industry, arbitration is a frequently agreed-upon and utilized dispute resolution method. The Federal Arbitration Act (the “FAA”), 9 U.S.C. 1, et seq., provides the underpinning and framework for how courts should handle litigation in connection with arbitration agreements. Where a party asserts that a claim brought… Continue reading Should I Stay or Should I Go? The Supreme Court Says “Stay”
U.S. Supreme Court: District Courts Must Stay (And May Not Dismiss) Lawsuits Sent To Arbitration
Gregory P. Feit | Reavis Page Jump Earlier this month, in Smith v. Spizzirri, the U.S. Supreme Court held that Section 3 of the Federal Arbitration Act (FAA) requires district courts to stay a lawsuit pending arbitration when asked by a party to do so, and that district courts lack the inherent authority to instead dismiss… Continue reading U.S. Supreme Court: District Courts Must Stay (And May Not Dismiss) Lawsuits Sent To Arbitration
No More Discretion: US Supreme Court Rules Cases Sent to Arbitration Must Be Put on Hold
Martin F. Gusy and Camille M. Ng | Bracewell Do federal courts have the discretion to dismiss lawsuits once it is determined that all underlying claims are covered by mandatory arbitration agreements? The answer is “no,” according to the outcome of the unanimous decision from the US Supreme Court in Smith v. Spizzirri. Specifically, the decision,… Continue reading No More Discretion: US Supreme Court Rules Cases Sent to Arbitration Must Be Put on Hold
Just as “Shall” Means “Shall”, “Stay” Means “Stay”
Matthew C. Hurley, Geoffrey A. Friedman and Simone B. Yhap | Mintz To stay or to go (from the docket)? For decades, federal courts of appeal have disagreed on a fundamental procedural question: when a dispute filed in federal district court is subject to arbitration, should the court dismiss the action or stay it pending… Continue reading Just as “Shall” Means “Shall”, “Stay” Means “Stay”