Mack Sperling

Mack Sperling

Brooks Pierce

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Latest Posts › Arbitration


What Are Your Options When You Think That Your Arbitrator Has Gone Out Of Control?

You don't have many options when you think that the arbitrator who you agreed to hear your case has delivered a plainly wrong arbitration award. In fact, you probably have none at all. The Defendants in the NC Business...more

11/23/2015 - Arbitration Arbitration Awards Arbitrators Federal Arbitration Act Revised Uniform Arbitration Act Vacatur

You CAN Get A Ruling From A Superior Court Judge After Your Case Is Designated To The Business Court

I wrote yesterday about the arbitration aspects of Gaylor, Inc. v. Vizor, LLC, 2015 NCBC 98. But there is a significant aspect of Business Court procedure addressed in that case which deserved its own post....more

11/4/2015 - Arbitration Business Court Division Judges

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

Reading Before Signing Is Advisable

It's pretty basic that your clients should read the agreements that they sign before they sign them. Or you should at least explain to your client the key provisions in what they are going to sign, if they are not going to...more

1/16/2015 - Arbitration Business Litigation Memorandum of Understanding Operating Agreements

Collateral Estoppel Sinks LLC Members' Claim

It might seem uncontroversial that the members of a limited liability company cannot follow with a personal lawsuit for injuries after their LLC litigates, and loses, claims based on the same issues. But it took the Business...more

6/11/2014 - Arbitration Collateral Estoppel Condominiums Construction Contracts Construction Disputes LLC Personal Liability

NC Business Court Stays Arbitration Pending Ruling On Piercing The Veil Claim

The Order in Cold Springs Ventures, LLC v. Gilead Sciences, Inc., 2014 NCBC 10 is a procedural conundrum wrapped up in arbitration issues. The Plaintiffs in the Business Court are the respondents in a separate arbitration...more

4/1/2014 - Arbitration Corporate Veil Professional Liability

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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