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Arbitration Commercial Leases

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 -
Hogan Lovells

UK Landlord and Tenant Act 1954: what might reform look like?

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In the 20 years since the Landlord and Tenant Act 1954 (Part II) was updated in 2003, there have been increasingly vocal calls for it to be revisited. The government announced a review in December 2020, but this fell by the...more

Carlton Fields

Supreme Court of Wyoming Confirms Arbitration Award

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The Supreme Court of Wyoming recently rejected claims by a party that had largely prevailed in arbitration, but asserted that it should have received its fees, and that the arbitrator incorrectly decided several issues....more

Katten Muchin Rosenman LLP

Commercial Landlords v. Tenants: Let Battle Recommence

Key Points - - An arbitration scheme for commercial landlords and tenants was introduced during March 2022 under the Commercial Rent (Coronavirus) Act 2022 with the aim of resolving disputes over outstanding rent arrears...more

Obermayer Rebmann Maxwell & Hippel LLP

Take Me Out To...Baseball Arbitration

​​​​​​​Since 1974, “baseball arbitration” has been used to resolve salary disputes between ballplayers and team owners. Its primary purpose is to determine the arbitrating player’s salary based upon specific criteria to...more

BCLP

Leasing - liability for rent during the pandemic

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Roger Cohen of Bryan Cave Leighton Paisner asks: is the tenant of commercial premises in England liable to pay rent whilst the premises were closed for the pandemic? Or has the tenant a defence to such a claim, thereby...more

BCLP

Like buses...nothing for months then three Covid arrears arbitration awards all at once

BCLP on

Falcon Chambers Arbitration has recently published three awards under the Commercial Rent (Coronavirus) Act 2022, that provide welcome guidance on the interpretation and application of the 2022 Act....more

Hogan Lovells

UK COVID-19 rent arrears arbitration scheme: no protected rent arrears for office premises

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The Commercial Rent (Coronavirus) Act 2022 introduced a statutory arbitration process for landlords and tenants to resolve disputes over commercial rent arrears accrued during the COVID-19 pandemic. The scheme applies to all...more

Dorsey & Whitney LLP

The Commercial Rent (Coronavirus) Act 2022: A Solution to the Commercial Rent Arrears Problem?

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On 24 March 2022, the Commercial Rent (Coronavirus) Act 2022 (the “Act”), took effect. This legislation further continues the range of coronavirus measures passed by the government, which aim to provide an as fair as possible...more

A&O Shearman

Rent arbitration and the UK restructuring toolkit

A&O Shearman on

We look at the new rent arrears ringfencing and binding arbitration regime for commercial tenants and their landlords. Continued economic uncertainty means large tenants and their stakeholders should be mindful of the UK’s...more

Hogan Lovells

UK government publishes working draft guidance for arbitrators under the COVID-19 arrears arbitration scheme

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In this article we consider the working draft guidance published for arbitrators in relation to the new COVID-19 commercial rent arrears arbitration scheme, which is expected to come into force on 25 March 2022 under the...more

Patton Sullivan Brodehl LLP

Commercial Leases, Arbitration, and Attorney Fee Awards

As a litigator, whenever I am presented with a new contract dispute, one of the first things that I do is check whether the contract contains an arbitration clause or attorney fee clause. More consistently than any others,...more

Farrell Fritz, P.C.

The Skinny on Arbitrability of Judicial Dissolution Claims

Farrell Fritz, P.C. on

Are claims for judicial dissolution of business entities arbitrable? - It’s a question I’m occasionally asked by business owners and, surprisingly, by lawyers. I say surprisingly because here in New York, the courts long...more

Hogan Lovells

The final piece in the jigsaw – the new binding arbitration process for landlords and tenants

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As foreshadowed in its announcement on 16 June 2021, the UK Government has issued the Commercial Rent (Coronavirus) Bill establishing a binding arbitration procedure to resolve disputes relating to certain commercial rent...more

Latham & Watkins LLP

COVID-19 Commercial Rent Arrears: UK Government Publishes Draft Arbitration Rules

Latham & Watkins LLP on

The rules provide an arbitration procedure to determine the amount of affordable rent arrears for a commercial tenant where landlord and tenant have been unable to reach a consensual agreement. On 9 November 2021, the UK...more

BCLP

The new Commercial Rent (Coronavirus) Bill and Code of Practice

BCLP on

The government has introduced the Commercial Rent (Coronavirus) Bill in Parliament to attempt to streamline and accelerate the resolution of the billions of pounds of rent arrears that have accrued during the Covid 19...more

Hogan Lovells

UK COVID-19: The new arbitration scheme on COVID arrears – some questions and answers

Hogan Lovells on

This is a very high level guide based on the current draft of the Commercial Rent (Coronavirus) Bill published on 9 November 2021. It is not intended to be exhaustive and the legislation may well be amended during its passage...more

Hogan Lovells

UK COVID-19: Government introduces mandatory arbitration scheme for pandemic rent arrears

Hogan Lovells on

The government has introduced to Parliament draft new legislation in the form of the Commercial Rent (Coronavirus) Bill which will establish a binding arbitration process for commercial landlords and tenants who have been...more

Morrison & Foerster LLP

MoFoREAL: European Real Estate Newsletter (Q3 2021)

Welcome to the latest edition of MoFoReal, our newsletter highlighting recent activities and other developments in MoFo’s European Real Estate team. We hope you enjoy it and would really appreciate your feedback and...more

JAMS

Business Interruption and the Impact on Real Estate

JAMS on

COVID-19 has had an enormous impact on businesses of all kinds. But organizations in the real estate sector—both commercial and residential—have been hit particularly hard. The fallout from the pandemic has sparked numerous...more

NAM (National Arbitration and Mediation)

Landlord/Tenant Disagreements – Reaching A Resolution Through ADR

With most accepting the vaccines developed by science and with the warmth of summer in full swing, we are emerging from our pandemic cocoons and re-engaging in the normal daily activities that we once took for granted....more

Nossaman LLP

Podcast: Market Rent Adjustment Provisions in Long-Term Ground Leases

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In this episode of Digging Into Land Use Law, Nossaman Real Estate Group Co-Chair David Graeler and associate Maya Hamouie discuss myriad problems that may arise when a market rent adjustment provision in a long-term ground...more

Hogan Lovells

Don’t overstep the mark: what can an independent expert decide in a rent review determination?

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The old saying goes “if you give them an inch, they’ll take a mile”, but the Court of Appeal has reaffirmed that an independent expert appointed by parties to make a binding determination in relation to their dispute is not...more

Farrell Fritz, P.C.

Affirmatively Plead Your Defenses, or Risk “Waiving” Them Goodbye

Farrell Fritz, P.C. on

Many litigants are familiar with the well-settled rule that an affirmative defense will be waived if it is not included in a CPLR 3211(a) motion to dismiss or in the answer (see CPLR 3211[e]).   And so, lawyers tasked with...more

Carlton Fields

Third Circuit Affirms Dismissal of Landlord’s Attempt to Vacate Arbitration Award

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Sears Roebuck and Co. (Sears) entered a 40-year lease with Century III Mall, PA., LLC (“Century III Mall”), whereby Sears agreed to maintain an anchor store at the Century III Mall. ...more

Carlton Fields

The Third Circuit Affirms District Court’s Confirmation of Arbitration Award, Finding That the Panel Did Not Exceed its Powers or...

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In sum, this case stems from a 2007 lease agreement between Ross Dress for Less, Inc. (“Ross”) and VIWY, L.P. (“VIWY”) for Ross to be a tenant in VIWY’s shopping center....more

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