Daniel Lund III | Phelps Dunbar A respondent party in a pair of international arbitrations on the losing end of roughly $285,000,000 in adverse awards attacked the awards based upon arbitrator bias. “If there is one bedrock rule in the law of arbitration, it is that a federal court can vacate an arbitral award only… Continue reading Construction Litigation Roundup: “Apparently, It’s Not Always Who You Know”
Tag: arbitration
New California Law Limits Stays Of Proceedings Pending The Appeal Of The Denial Of A Petition To Compel Arbitration
Rodger R. Cole, Eric Ball, Molly Melcher and Christopher Berberian | Fenwick On October 10, 2023, California Gov. Gavin Newsom signed CA Senate Bill 365 (SB 365), set to go into effect in 2024. This bill gives state court judges the discretion to move forward with litigation in trial court while an appeal of a… Continue reading New California Law Limits Stays Of Proceedings Pending The Appeal Of The Denial Of A Petition To Compel Arbitration
Five Ways to Improve Commercial Arbitration Clauses
Lauren Zimmerman and Jeff Zalesin | Selendy Gay Elsberg Consumer arbitration has been in the news lately, with Elon Musk under congressional scrutiny for Tesla Inc.’s use of arbitration clauses and Ticketmaster Entertainment Inc. facing a class action in the U.S. District Court for the Central District of California by Taylor Swift fans criticizing its… Continue reading Five Ways to Improve Commercial Arbitration Clauses
Colorado Statute of Limitations Defense May Not Apply in Arbitration
Laurie Choi, Amanda McKinlay and James Snow | Snell & Wilmer The construction industry often prefers arbitration for dispute resolution. This is evident as 2022 data demonstrates that construction disputes comprised a significant share of the disputes handled by arbitration organizations.1 Just as arbitration has its advantages for our industry clients, e.g., speed, efficiency, and flexibility, it is… Continue reading Colorado Statute of Limitations Defense May Not Apply in Arbitration
Construction Litigation Roundup: “Stop – In the Name of the Law!”
Daniel Lund III | Phelps Dunbar In a 5-4 decision, the United States Supreme Court settled a split among the federal appellate circuits on whether appeal of a district court refusal to compel arbitration stays the underlying litigation in the district court. Having been denied relief by the district court on its motion to compel… Continue reading Construction Litigation Roundup: “Stop – In the Name of the Law!”