General Business Commercial Real Estate Alternative Dispute Resolution (ADR)

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California Case Requires Arbitration Despite Lack of Actual Controversy

For parties to litigate a contract dispute in a court of law, the parties’ disagreement must have ripened into an actual controversy presenting more than a mere academic difference of opinion. But under a recent California...more

Six Considerations for Rent Arbitration Clauses in Commercial Leases

When a commercial tenant exercises an option to renew a lease it is imperative that the landlord and tenant have effective mechanisms in place to determine the rent for the renewal term. Ideally both parties will agree on the...more

Nonresidential Condominium Bill Becomes Law

Last week Governor Rick Scott signed into law SB 440, which became Chapter 2014-14 of Florida Laws. This bill removes the requirements imposed on residential condominiums under the Florida Condominium Act regarding elections...more

Summary of Amendments to RI Foreclosure Mediation Regulation

This alert will discuss the Mediation Law and some of its unanticipated consequences, as well as the latest amendments to Banking Regulation 5. The latest amendments contain helpful clarification and guidance for...more

Attorneys' Fees Provisions: Not a Blank Check to Overreach

In the American legal system, attorneys’ fees and costs are not recoverable as damages unless expressly authorized by statute. Legal fees are simply a cost of doing business unless the parties to a contract agree otherwise....more

New Jersey Establishes a Mediation Program for Open Superstorm Sandy Insurance Claims, Notice of Which Must Be Provided to...

New Jersey has now joined New York in instituting a voluntary mediation program for insured victims of Superstorm Sandy with “open and unresolved first-party insurance claims.” The program became operative with the issuance...more

New York Promulgates Emergency Mediation Regulation for Storm Sandy Claimants

New York licensed insurers are now required to participate in nonbinding mediations with certain Storm Sandy claimants who have disputed or unresolved claims. Insurers are required to send notices of the mediation option at...more

What Happens When Some Investors Agree To Arbitration But Others Don’t?

Arbitration continues to be a hot topic for the courts. See Achilles’ Shield And Judicial Review Of Arbitration Awards and U.S. Supreme Court Holds That State Courts Must Not Assume The Arbitrator’s Role By Declaring...more

Arbitration of Construction Defect Claims Against Developer and General Contractor

Denver District Court orders arbitration of construction defect claims in Glass House Residential Association v. Alta Riverfront LLC et al, no. 2012CV1531....more

Under Construction - Fall 2012

In This Issue: - Letter from the Editor - California Supreme Court Enforces Arbitration Provision in Construction Defect Case - Colorado News: Designation of Non-Parties at Fault in Construction Defect Cases...more

Summer 2012 Litigation Update

This is a summary of litigation results for the first half of 2012, including commercial real estate litigation, breach of contract litigation, business tort litigation, and shareholder litigation....more

Key Calif. Supreme Court Decision for Developers in Resolving Construction Defect Disputes

On August 16, 2012, the California Supreme Court in Pinnacle Museum Tower Association v. Pinnacle Market Development (US), LLC held that arbitration provisions in Covenants, Conditions and Restrictions (CC&Rs) are enforceable...more

Early Resolution Strategies for Real Estate Disputes

Ever-increasing pressures to resolve disputes quickly and efficiently make it critical to give early consideration to strategies to maximize means for prompt resolution of disputes by settlement or adjudication. By making an...more

Simplifying the Arbitration Process for Renewal or Extension Rent: Achieving a simple, effective and cost-efficient process for...

In order for an option to renew or extend to be enforceable (as opposed to being a mere “agreement to agree”, which is unenforceable at law), there are two required...more

Binding arbitration common in determining renewal rent

Originally published in A Carswell Publication - Legal Alert • September 2011 • Volume 30 • Number 6. Binding arbitration typically determines the rent during a renewal/extension term where the...more

Self-help Remedies Are Not the Best Course for Commercial Landlords

Anyone who leases a property on a regular basis sooner or later runs into the same problem — a tenant who stops paying rent or otherwise stops honoring the tenant’s obligations under the lease. The landlord asks the tenant to...more

Keeping disagreements out of court: new problems with expert determination clauses (UK)

A recent case (6 November) casts doubt on the very common "expert determination" clauses used to value shares or property. Review them now!...more

Drafting An Arbitration Provision - The VirtualCourthouse Way

VirtualCourthouse provides a fresh new approach to arbitration. An approach which provides flexibility and cost savings not available through AAA, JAMs, National Arbitration Forum. Have you noticed that arbitration has become...more

Turbervilles Business Newsletter - Autumn 2010

Welcome to our autumn newsletter. In this edition we look at the implications of the Equality Act, which will start to come into effect in October 2010. We have reports on how the default retirement age is to be scrapped,...more

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