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
Tag: Binding Arbitration
Binding Arbitration Award In Coverage Dispute Ends Later Coverage Litigation
Larry P. Schiffer | Squire Patton Boggs Many insurance policies have binding arbitration clauses along with other provisions that address whether a lawsuit may be brought against the insurance company. What happens when the arbitration goes against the policyholder? Can the policyholder then sue the insurance company over the same coverage dispute even if the… Continue reading Binding Arbitration Award In Coverage Dispute Ends Later Coverage Litigation
Does Arbitration Apply to Contemporaneously Executed Contracts (When One of the Contracts does Not Have an Arbitration Provision)?
David Adelstein | Florida Construction Legal Updates | January 6, 2018 Binding arbitration is an alternative to litigation. Instead of having your dispute decided by a judge and/or jury, it is decided by an arbitrator through an arbitration process. Arbitration, however, is a creature of contract, meaning there needs to be a contractual arbitration provision requiring the… Continue reading Does Arbitration Apply to Contemporaneously Executed Contracts (When One of the Contracts does Not Have an Arbitration Provision)?