Travis Chance and Emily L. Dyer | Brownstein Hyatt Farber Schreck The Federal Arbitration Act (FAA) governs contracts “evidencing a transaction involving commerce” wherein the parties have agreed to arbitrate any dispute that may arise out of the contract. 9 U.S.C. Section 2. The FAA’s application is broad—in the words of the United States Supreme… Continue reading High Court Confirms That “Stay” Means “Stay” When Arbitration is Compelled
Tag: arbitration
Mistake No. 3 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Failing to Perform Due Diligence on Potential Mediators and Arbitrators
David K. Taylor | BuildSmart I have practiced law for 40 years, with the vast majority as a “construction” lawyer. I have seen great… and bad construction lawyering, both when on the other side of a dispute, as well as when serving over 300 times as a mediator or arbitrator in construction disputes. To be… Continue reading Mistake No. 3 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Failing to Perform Due Diligence on Potential Mediators and Arbitrators
Emerging Trends in Construction Arbitration: Adapting to a Changing Landscape
Jennifer Grippa | Miles Mediation & Arbitration Construction arbitration has evolved significantly over the years. As the industry continues to evolve, so too do the trends and practices within construction arbitration. This article looks at some of the emerging trends that are changing the landscape of construction arbitration and their implications for parties involved in… Continue reading Emerging Trends in Construction Arbitration: Adapting to a Changing Landscape
Navigating Threshold Arbitration Issues in Construction Contracts
Daniel D. McMillan, TJ Auner and Marcus Quintanilla | The Dispute Resolver Including an arbitration clause in your construction contract may not mean that your dispute will be confined to arbitration. Instead, parties often find themselves in court litigating threshold issues related to the existence and/or enforceability of an arbitration clause. Common issues include whether… Continue reading Navigating Threshold Arbitration Issues in Construction Contracts
Stay of Coverage Case Appropriate While Court Determines Arbitrability of Dispute
Tred R. Eyerly | Insurance Law Hawaii The Fifth Circuit vacated a discovery order issued by the district court and remanded the case for issuance of a stay while the arbitrability of the coverage dispute was reviewed. Cameron Parish Recreation #6 v. Indian Harbor Ins. Co., et al., 2024 U.S. App. LEXIS 3804 (5th Cir.… Continue reading Stay of Coverage Case Appropriate While Court Determines Arbitrability of Dispute