Matthew S. Marrone | Goldberg Segalla | August 22, 2019 There’s a common belief among lawyers that it’s better to have disputes resolved through private arbitration rather than in court. Juries are unpredictable, and judges can be too. Litigation in court can be long and costly, and private arbitration may seem a more desirable alternative.… Continue reading Ethical Issues Surrounding Arbitration Provisions in Attorney Retainer Agreements
Tag: Arbitration Provision
One Way Arbitration Provisions are Enforceable in Virginia
Christopher G. Hill | Construction Law Musings | August 8, 2019 Here at Construction Law Musings, I’ve discussed arbitration clauses (pros and cons) as well as the fact that in our fair Commonwealth, contracts are enforced as written (for better or worse). A case out of the Eastern District of Virginia takes both of these observations and… Continue reading One Way Arbitration Provisions are Enforceable in Virginia
Arbitration Provisions are Challenging to Circumvent
David Adelstein | Florida Construction Legal Updates | April 13, 2019 Arbitration provisions are enforceable and they are becoming more challenging to circumvent, especially if one of the parties to the arbitration agreement wants to arbitrate a dispute versus litigate a dispute. Remember this when agreeing to an arbitration provision as the forum for dispute resolution… Continue reading Arbitration Provisions are Challenging to Circumvent
Supreme Court Holds Arbitrator can Fully Decide Threshold Arbitrability Issue
David Adelstein | Florida Construction Legal Updates | January 19, 2019 The United States Supreme Court recently decided parties to a contract can agree, under the Federal Arbitration Act, an arbitrator, rather than a court, can fully resolve the initial arbitrability question. Henry Schein, Inc. v. Archer and White Sales, Inc., 2019 WL 122164 (2019). The arbitrability question is… Continue reading Supreme Court Holds Arbitrator can Fully Decide Threshold Arbitrability Issue
Construction Contracts And Arbitration Provisions: Is The Word “May” Mandatory? Maybe!
Matthew DeVries | Best Practices Construction Law | August 10, 2017 You don’t always say what you mean. And you don’t always mean what you say. In construction contracts, parties attempt to use plain and ordinary words to describe their respective obligations. As an example, when the parties use the word “shall” in their agreement, they… Continue reading Construction Contracts And Arbitration Provisions: Is The Word “May” Mandatory? Maybe!