News & Analysis as of

Arbitration AL Supreme Court

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
McGlinchey Stafford

Litigation Byte (May Edition)

McGlinchey Stafford on

The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format will reflect McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more

Carlton Fields

Alabama Supreme Court Clarifies Courts’ Authority to Issue Preliminary Injunctions in Disputes Subject to Arbitration

Carlton Fields on

In its recent decision in Hyundai Construction Equipment Americas Inc. v. Southern Lift Trucks LLC, the Alabama Supreme Court considered whether the trial court erred in granting preliminary injunctive relief in a dispute...more

Carlton Fields

Alabama Supreme Court Reverses Orders Denying Motions to Compel Arbitration Under Employment Agreement

Carlton Fields on

In Women’s Care Specialists, P.C. v. Dr. Margot G. Potter and Dr. Karla Kennedy v. Dr. Margot G. Potter, the Alabama Supreme Court reversed opinions of the trial court that had denied motions to compel arbitration and held...more

Bradley Arant Boult Cummings LLP

How Final Is a Final Award? Turns Out, It Is Difficult to “Escapes!” a Final Arbitration Award in a Construction Conflict

How final is a final arbitration award? In Escapes! To the Shores Condominium Association, Inc., et al. v. Hoar Construction, LLC, and Architectural Surfaces, Inc., the plaintiff condo association argued that an arbitration...more

Bradley Arant Boult Cummings LLP

If You Want to Arbitrate, Better Ask for It (Sooner Rather Than Later) - Construction and Procurement Law News, Q1 2021

In our last issue of the newsletter, we told you of a decision of the United States Circuit Court for the Sixth Circuit, in which the Sixth Circuit considered the issue of whether a party waived its arbitration right through...more

Bradley Arant Boult Cummings LLP

The Right to Arbitrate and the Risk of Losing It

The Alabama Supreme Court recently found that a party was in breach of an arbitration agreement for declining to pay the fee schedule set forth by the American Arbitration Association (AAA) and thus lost the right to compel...more

Bradley Arant Boult Cummings LLP

Silence Isn’t Always Golden—Sometimes It Lands You in Class Arbitration

As this blog has previously discussed, the availability of class arbitration has been significantly restricted after a series of U.S. Supreme Court decisions. However, we have also noted that express preclusion of class...more

Bradley Arant Boult Cummings LLP

Alabama Supreme Court Confirms that Mutual Consent Is Not Required to Enforce an Arbitration Clause

Mandatory arbitration clauses have become commonplace in construction contracts. Various groups have formulated generic arbitration language to insert into disputes clauses of contracts. A good example of such language comes...more

Carlton Fields

Alabama Supreme Court Reverses Arbitration Award Where Arbiter Failed To Make Required Disclosures

Carlton Fields on

In a case involving a dispute between a not-for-profit corporation administering a self-insured group workers’ compensation fund and their investment advisor and broker-dealer, the Supreme Court of Alabama granted the fund’s...more

Butler Snow LLP

Dispute Resolution: The Alabama Supreme Court allows arbitration to proceed, even after litigation had been initiated

Butler Snow LLP on

Recently, the Alabama Supreme Court affirmed a Mobile County trial court’s order granting the stay of an action until arbitration was completed. IBI Group, Michigan, LLC v. Outokumpu Stainless USA, LLC. In 2007 and 2008, IBI...more

10 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide