June 1, 2012 The Sixth Circuit easily affirmed a district court’s finding that the defendant had waived its right to arbitration by participating in litigation for eight months. Johnson Assoc. Corp. v. HL Operating Corp., __ F.3d __, 2012 WL 1861675 (6th Cir. May 23, 2012). Plaintiffs had filed suit in late December of 2009… Continue reading Parties can Waive Arbitration, Despite a “No Waiver” Clause in Contract
Tag: arbitration
Jury Waivers: an Alternative to Arbitration
The practice of requiring employees to sign mandatory arbitration agreements has become more widespread, and the enforceability of those agreements are routinely accepted by the courts. The pros and cons that are typically associated with arbitration include the following: Avoidance of Juries: Conventional wisdom is that arbitrators tend to be both more predictable in decision… Continue reading Jury Waivers: an Alternative to Arbitration
Maryland Court Holds Arbitration Clause in a Contract Partially Unenforceable
Stephen R. Freeland May 7 2012 In College Park Pentecostal Holiness Church v. General Steel Corp., Civ. No. PJM 09-2070 (D. Md.), the United States District Court for the District of Maryland struck down several portions of an arbitration clause in a standardized construction contract as unconscionable. The case was filed by the plaintiff church… Continue reading Maryland Court Holds Arbitration Clause in a Contract Partially Unenforceable
Administrative Fees Should be Considered When Selecting a Dispute Resolution Provision
Patrick J. Kearney – March 2, 2012 Both lawyers and clients agonize over the tactical advantages and disadvantages of arbitration and litigation. Generally, the reason for the prolonged deliberation is the parties are attempting to make a reasoned and informed decision when selecting a dispute resolution provision for their contract. Some parties prefer arbitration, because… Continue reading Administrative Fees Should be Considered When Selecting a Dispute Resolution Provision
5 Reasons Why You Need Arbitration for a Construction Dispute
by Melissa Dewey Brumback on February 18th, 2012 Arbitration may be a better alternative to some construction disputes, assuming that you use a qualified and skilled arbitrator or arbitration panel. Here are five benefits for using arbitration over litigation: Arbitration means that the decision maker is anexperienced industry professional instead of a lay jury. Arbitration can… Continue reading 5 Reasons Why You Need Arbitration for a Construction Dispute