Mack Sperling

Mack Sperling

Brooks Pierce

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Arbitration Provision Which Completely Prohibited Any Discovery Enforced By NC Business court.

I don't draft arbitration provisions in agreements, but if I did I would not draft one like the one in Taggart v. Physicians Pharmacy Alliance, Inc. Not because it turned out to be unenforceable, but because it was found to...more

1/20/2016 - American Arbitration Association Arbitration Agreements Business Court Discovery Enforceability Litigation Fees & Costs Motion to Compel Stock Purchase Agreement

NC Business Court On Arbitrability: Clear And Unmistakable

You may have pondered over the question whether a Judge or an Arbitrator decides if a particular dispute is subject to an agreement to arbitrate. If you have wondered who makes that sort of decision, it's actually not an...more

11/3/2015 - American Arbitration Association Arbitration Arbitration Agreements Arbitrators Breach of Contract Construction Industry Federal Arbitration Act Subcontracts Unfair or Deceptive Trade Practices

Arbitration Compelled Based On Unsigned Arbitration Agreement

If you were thinking that an arbitration agreement needs to be signed in order to get an order compelling arbitration, your world may have been turned on its ear by the Order from the Business Court last week in Morton v....more

4/29/2013 - Arbitration Arbitration Agreements Revised Uniform Arbitration Act

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