David Adelstein | Florida Construction Legal Updates As you hopefully know from posted articles, arbitration is a creature of contract. Stated differently, there must be a contractual basis to have a dispute resolved through binding arbitration. The Federal Arbitration Act (FAA) applies to transactions involving interstate commerce. Oftentimes, lawsuits are filed despite an arbitration provision in a contract because… Continue reading Quick Note: Staying, Not Dismissing, Arbitrable Disputes Under Federal Arbitration Act
Tag: Binding Arbitration
Another Florida Insurer Adds Binding Arbitration Endorsement Amid Losses
William Rabb | Insurance Journal Heritage Property & Casualty Insurance Co. reported more losses for the first quarter of 2022 and a spike in its combined ratio. But company officials said Friday they are taking aggressive steps, including rate increases, policy changes and tightened underwriting requirements, to improve the Florida-domiciled company’s financial profile. The Friday… Continue reading Another Florida Insurer Adds Binding Arbitration Endorsement Amid Losses
Step-by-Step: Failure to Strictly Comply With Dispute Resolution Procedure Can Waive Contractual Right to Arbitrate
Brian Rowlson | Bradley Arant Boult Cummings Most state and federal courts have expressed a strong preference for parties to resolve their legal disputes via binding arbitration when there is an arbitration clause applicable to the dispute, but there are instances where courts will deny such a request – even when the parties have expressly… Continue reading Step-by-Step: Failure to Strictly Comply With Dispute Resolution Procedure Can Waive Contractual Right to Arbitrate
Lawyer’s Advocacy in Arbitrations: No. 5 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make
David K. Taylor | Buildsmart This post is a continuation of the Top 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make before, during, and after arbitrations in which I served as the arbitrator. As stated in the previous posts, there are pros and cons… Continue reading Lawyer’s Advocacy in Arbitrations: No. 5 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make
Who Gets To Decide Whether Class Arbitration Is Available? It Just Might Be The Arbitrator
Philip Mohr | Womble Bond Dickinson Where an agreement provides that “any dispute… arising out of the agreement” would be settled by binding arbitration in accordance with “the Rules of the American Arbitration Association,” such language provides “clear and unmistakable evidence” of the parties’ agreement to delegate certain substantive issues—like the availability of class arbitration—to… Continue reading Who Gets To Decide Whether Class Arbitration Is Available? It Just Might Be The Arbitrator