Two years ago in this space, I wrote a piece on Combatting Arbitration Inefficiency, calling for the development of a culture of efficiency in arbitration as a shared value in the construction bar.
Originally published on...more
Can arbitrators determine what issues they have the power to decide? According to the U.S. Supreme Court, they can, provided there is “clear and unmistakable evidence” the parties intended to delegate threshold questions to...more
4/3/2019
/ American Arbitration Association ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Contract Terms ,
Exceptions ,
Federal Arbitration Act ,
Henry Schein Inc v Archer and White Sales Inc ,
Judicial Review ,
Motion to Compel ,
Question of Arbitrability ,
Remand ,
SCOTUS ,
Vacated ,
Wholly Groundless Doctrine
“Arbitration has been proven to be an effective way to resolve disputes fairly, privately, promptly and economically.” So provides the preamble to the Construction Industry Rules of the American Arbitration Association....more
2/19/2018
/ American Arbitration Association ,
Arbitration ,
Arbitration Awards ,
Construction Industry ,
Construction Litigation ,
Discovery ,
Electronically Stored Information ,
Evidence ,
Federal Arbitration Act ,
FRCP 30(b)(6) ,
Litigation Strategies
NFL Mgmt. Council v. NFL Players Ass’n, 2015 U.S. Dist. LEXIS 117662 (S.D.N.Y. Sept. 3, 2015) -
“Arbitration has been proven to be an effective way to resolve disputes fairly, privately, promptly and economically.” So...more
2/25/2016
/ Arbitration ,
Arbitration Awards ,
Collective Bargaining Agreements (CBA) ,
Construction Industry ,
Construction Litigation ,
Motion to Vacate ,
New England Patriots ,
NFL ,
Popular ,
Prejudice ,
Tom Brady