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Arbitration Assumption of the Risk

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

When Can I Confirm An Arbitration Award?

McGlinchey Stafford on

Timeline to Confirm Arbitration Award- BST Ohio Corp. v. Wolgang, 2021-Ohio-1785- In this appeal, the Supreme Court of Ohio reversed the lower court’s decision, holding that neither R.C. 2711.09 nor R.C. 2711.13 requires...more

Carlton Fields

Fifth Circuit Holding Breathes Life Back Into the Contractual Liability Exclusion

Carlton Fields on

Liability insurance policies typically exclude coverage for obligations arising out of the insured’s “assumption of liability in a contract or agreement.” Earlier this year, the Texas Supreme Court took a narrow view of this...more

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