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Government Contracting General Business Alternative Dispute Resolution (ADR)

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Federal Court in Alabama Rules that 1999 Amendment to the Miller Act Does Not Preclude Arbitration of Underlying Claims

by Pepper Hamilton LLP on

United States v. Int’l Fid. Ins. Co., No. 16-0472-WS-C, 2017 U.S. Dist. LEXIS 16791 (S.D. Ala. Feb. 7, 2017) - This action arose out of a payment dispute between Bay South Limited, Inc. (“Bay South”) and Stephens...more

Proposed New Jersey Law Takes Aim at Mandatory Arbitration

Assembly Bill A-3064, which the New Jersey Assembly passed on October 20, 2016, will come up for consideration in the Senate this year. If the Senate passes and the Governor signs A-3064, no company that wants to do business...more

Arbitration Clause Requiring Arbitrators to Render a Decision within 30 Days from Their Appointment? Superfast Decision?

Ever wonder about a superfast arbitration procedure in a contract that you have been given? An arbitration clause requiring an arbitration panel to issue a decision within 30 days of being selected for the panel was recently...more

The Construct - November 2016

In This Issue: - Election 2016: Where the Candidates Stand on Issues Affecting the Construction Industry: Here we are. The rollercoaster 2016 election ends tomorrow. Millions of Americans have voted already. Polls...more

Court Enjoins FPSW Regs: Checklist of Obligations and Status Included

by Morgan Lewis on

The court preliminarily blocks the Fair Pay and Safe Workplaces’ (FPSW’s) disclosure requirements and arbitration restrictions, providing some relief for federal contractors. On October 24, the US District Court for...more

Portion of Fair Pay and Safe Workplaces Executive Order Blocked

by Hinshaw & Culbertson LLP on

On Tuesday of this week, a federal judge in Texas granted a nationwide preliminary injunction blocking the portions of President Obama's "Fair Pay and Safe Workplaces" Executive Order. That order, signed in 2014 and...more

District Court Refuses To Bind Surety To Subcontract Arbitration Clause

by Carlton Fields on

An engineering company was hired to perform work in connection with construction and renovation of the South African Embassy, and subcontracted for sheet metal work with a third party. The subcontract contained an arbitration...more

LNG Disputes on the Rise

by King & Spalding on

Although some in the LNG industry are generally aware of price review disputes (mostly in Europe) that occurred during the last decade, the growing overall trend globally in LNG disputes (especially via international...more

New Qatar Public Procurement Law

by White & Case LLP on

Last week the State of Qatar implemented a new public procurement law. The new law further aligns Qatar's public procurement laws with international best practice and should streamline public procurement in Qatar....more

JAMS Global Construction Solutions Newsletter, Spring 2016

by JAMS on

Spearin Lite? The Limited Implied Warranty in a Construction Management at Risk Project - We are all familiar with the Spearin doctrine: In the classic design-bid-build project delivery system, an owner furnishes...more

Kurdistan Regional Government's Sovereign Immunity Plea Fails In English Court

by Allen & Overy LLP on

The English High Court in Pearl Petroleum Co Ltd & ors v Kurdistan Regional Government of Iraq [2015] EWHC 3361 (Comm), 20 November 2015 rejected immunity claims by the Kurdistan Regional Government of Iraq (KRG) in the...more

All Over But the Penning: the California Legislature Completes its Work for 2015

by Littler on

The California Legislature adjourned its 2015 regular session early last Saturday morning.  It is now up to Governor Brown to sign or veto the last of the Legislature’s 2015 work product.  He has until Sunday, October 11, to...more

Court Enforces Arbitration Agreement, Requiring Employees to Arbitrate Whistleblower Claims

We have frequently written about the increasing likelihood that courts will enforce arbitration agreements to resolve a broad range of issues arising out of the employment relationship. Recently, a federal court provided...more

Court Remands Arbitration Award For Further Clarification Where Rationale Was Not Given

by Carlton Fields on

In a case involving a dispute over steel production to replace a portion of the Whitestone Bridge spanning New York City’s East River, a federal district court remanded an arbitration award back to the arbitrator. Under the...more

Proposed FAR Amendments Create New Disclosure Obligations and Compliance Regime - The Complex Proposal Will Have High...

by Holland & Knight LLP on

On May 28, 2015, the government proposed to amend the Federal Acquisition Regulation (FAR) to mandate disclosure by government prime and subcontractors of violations of 15 categories of worker protection laws. The Department...more

Transatlantic Trade and Investment Partnership ('TTIP') - The main points

by DLA Piper on

What is TTIP? The Transatlantic Trade and Investment Partnership ('TTIP') is an ambitious trade and investment agreement currently being negotiated between the European Commission and the United States. The European...more

Stop, Think, and Be Careful What You Ask For: Lessons and Opportunities Created by Recent Arbitration Ruling

by Polsinelli on

On April 21, 2015, the Missouri Court of Appeals in City of Chesterfield v. Frederich Construction Inc. upheld an arbitration award that included substantial attorneys' fees to the prevailing party, in a construction case...more

Fla. Case Provides Practicum On Arbitrability

by Carlton Fields on

The Middle District of Florida recently, in U.S. Surety Co. v. Edgar, provided a practicum on arbitrability jurisprudence under the Federal Arbitration Act, answering key questions about (1) whether nonsignatories to an...more

Supreme Court Holds That Courts Must Defer To Arbitrators In First Case Addressing International Investment Treaty Arbitration

by Pepper Hamilton LLP on

On March 5, 2014, the United States Supreme Court decided BG Group, PLC v. Republic of Argentina, the first case in which the Court addressed an international investment treaty arbitration (a case between a private investor...more

Eastern District Of Virginia Rules That Employer Cannot Arbitrate False Claims Act Retaliation Claims

On Wednesday, the Eastern District of Virginia in Winston v. Academi Training Center, Inc., No. 1:12-cv-767 (July 12, 2012), declared an arbitration provision in an independent contractor agreement unconscionable, clearing...more

What is the dollar in the United States

by Dan Goodman on

A dollar in the United States is a Spanish Milled dollar coin, or its equivalent, in coin form, containing 371.25 grains of fine silver. Legal authority quoted, cited, and linked....more

The use of arbitration in natural gas and petroleum exploration concession agreements in Brazil

by Thomas Ayres on

Explanation on the benefits and ways of resolving by means of arbitration any disputes and controversies that may result from the execution of concession agreements for the exploration of natural gas and petroleum reservoirs...more

Resolving Disputes in Private Public Partnership Agreements

Careful attention must be given to managing potential disputes in Private Public Partnership (PPP) projects. PPP projects are inherently complicated, and involve many contractual participants. There is no steadfast answer as...more

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