Bryce L. Friedman and Karen Cestari | Simpson Thacher & Bartlett Preliminary and jurisdictional considerations in insurance litigation Fora In what fora are insurance disputes litigated? Most insurance disputes are litigated in state or federal trial courts. An insurance action may be subject to original federal court jurisdiction by virtue of the federal diversity statute,… Continue reading First-Step Analysis: Bringing Insurance Litigation Proceedings in USA
Tag: Arbitration Clause
What’s in a Clause: What to Consider when Adopting an Arbitration Clause in Construction Contracts
Chris J. Chasin | Duane Morris Many in the construction sector are hesitant to dwell on dispute resolution clauses. After all, when your goal is to build something together, anticipating conflicts at the outset of the relationship can feel unseemly. But this hesitance relies on a misconception of what dispute resolution is: it isn’t the… Continue reading What’s in a Clause: What to Consider when Adopting an Arbitration Clause in Construction Contracts
Arbitration Clauses Can Determine Future Success – Or Failure
Jihee Ahn | Harris Bricken I had the pleasure of attending this year’s California International Arbitration Week, which is a great conference that presents and discusses recent trends and lessons learned in the context of international arbitration. While much of the content was geared towards attorneys and how we can better facilitate resolution via arbitration,… Continue reading Arbitration Clauses Can Determine Future Success – Or Failure
Too Costly to Be Fair: Texas Appellate Court Finds the Arbitration Clause in a Residential Construction Contract Unenforceable
Gus Sara | The Subrogation Strategist In Cont’l Homes of Tex., L.P. v. Perez, No. 04-21-00396-CV, 2022 Tex. App. LEXIS 7691, the Court of Appeals of Texas (Appellate Court) considered whether the lower court erred in refusing to enforce an arbitration clause in a construction contract between the parties. The Appellate Court considered the costs of… Continue reading Too Costly to Be Fair: Texas Appellate Court Finds the Arbitration Clause in a Residential Construction Contract Unenforceable
In All Fairness: Illinois Appellate Court Finds That Arbitration Clause in a Residential Construction Contract Was Unconscionable and Unenforceable
Gus Sara | Subrogation Strategist In Bain v. Airoom, LLC, No. 1-21-001, 2022 Ill. App. LEXIS 241, the Appellate Court of Illinois (Appellate Court) considered whether the lower court erred in enforcing an arbitration clause in a construction contract between the parties and, as a result, dismissing the plaintiff’s lawsuit. The Appellate Court found that even… Continue reading In All Fairness: Illinois Appellate Court Finds That Arbitration Clause in a Residential Construction Contract Was Unconscionable and Unenforceable