Martin Gusy and Camille M. Ng | Bracewell Do federal courts have the discretion to dismiss lawsuits once it is determined that all underlying claims are covered by mandatory arbitration agreements? The answer is “no,” according to the outcome of the unanimous decision from the US Supreme Court in Smith v. Spizzirri. Specifically, the decision, authored… Continue reading No More Discretion: US Supreme Court Rules Cases Sent To Arbitration Must Be Put On Hold
Tag: Mandatory Arbitration
Save Expense by Arbitrating Construction Dispute? Not Always.
Earl K. Messer | Taft Stettinius & Hollister One of the basic rationales for including a mandatory arbitration clause in a construction contract is to save time and expense. You arbitrate the matter, win or lose, and you’re done, right? Well, not always. A recent Ohio case is illustrative. In Darren Zeck v. Smith Custom Homes… Continue reading Save Expense by Arbitrating Construction Dispute? Not Always.
Do You Really Want Mandatory Arbitration in Your Construction Contract?
Christopher G. Hill | Construction Law Musings | May 14, 2019 If you are in construction, you have likley run across (or even drafted) a dispute resolution provision into your construction contract. If you’ve been building for any length of time, you’ve read dispute resolution provisions containing mandatory arbitration clauses. These clauses can be found in… Continue reading Do You Really Want Mandatory Arbitration in Your Construction Contract?
Texas Should Look to Georgia on Mandatory Arbitration Issue
Patrick McGinnis | Property Insurance Coverage Law Blog | June 1, 2016 We know an insurance company has submitted to the Texas Department of Insurance (“TDI”) a policy that requires mandatory arbitration in the event of a dispute on a claim. TDI won’t disclose which carrier submitted the new policy form or provide a copy… Continue reading Texas Should Look to Georgia on Mandatory Arbitration Issue