News & Analysis as of

Contract Disputes Arbitration

The Asia-Pacific Arbitration Review - 2018

by WilmerHale on

The Asia-Pacific region has seen a surge in the use of arbitration in recent years. Although it is difficult to draw general conclusions about a large and incredibly diverse geographical region that stretches from French...more

[Webinar] Help from the Dark Side: A Litigator’s Perspective on Commercial Real Estate Issues - June 22nd, 12:00pm CT

by Thompson Coburn LLP on

The presentation will focus on three key legal issues, ADR, Liquidated Damages, and Letter of Intent. These issues should be considered well in advance when contemplating a possible real estate transaction as they can lead...more

Arbitration at your option: So long as you have agreed to it - A case study of Wilson Taylor Asia Pacific Pte Ltd v Dyna-Jet Pte...

by Dentons on

The recent Singapore Court of Appeal judgment in Wilson Taylor Asia Pacific Pte Ltd v Dyna-Jet Pte Ltd discusses the legal implications of an arbitration agreement of an asymmetrical nature. Such an arbitration agreement is...more

When does a disagreement become a dispute?

by Hogan Lovells on

Large construction projects provide significant scope for disputes of various types to arise between contractors and employers. An essential aspect to resolving the parties' disagreements, both in the course of executing the...more

Oil and Gas Arbitration – Did the Parties Get What They Bargained For?

by Gray Reed & McGraw on

First, a promise: I won’t report on another arbitration case until there is more to say than “business as usual”. Second, an opinion: Arbitration is still the right forum in many situations. Third, remember: An award and a...more

2016 Arbitration Roundup in Australia

by DLA Piper on

In 2016, the Australian courts were at the forefront of maintaining Australia's stronghold as a pro-arbitration jurisdiction. This was notably demonstrated in three Federal Court decisions, which also served as a salutary...more

Annulment of International Arbitral Award: the French Conseil d’Etat Makes First Foray into the Fiefdom of the Civil Cassation...

by Reed Smith on

On 9 November 2016 and for the first time, the French State Council (Conseil d’Etat) set aside an international arbitral award. The award related to a public contract performed in France. The award was partially set aside on...more

French Administrative Supreme Court clarifies its interpretation of the validity of an arbitration award

by White & Case LLP on

French Administrative Supreme Court clarifies its interpretation of the validity of an arbitration award rendered in a dispute involving an administrative contract - On 9 November 2016, the Plenary Session (Assemblée du...more

Litigating a Lease Audit

by Arnall Golden Gregory LLP on

Considering that lease audits are a fact of life in the world of commercial real estate, it only makes sense to prepare for one well before it occurs. When negotiation a lease, both the landlord and tenant should be mindful...more

Arbitration in Louisiana – Another Budding Romance?

by Gray Reed & McGraw on

Are Louisiana courts as enamored with arbitration as their Texas counterparts? Looks like it. East of the Sabine, submitting your dispute to arbitration means you are pretty much saying adieu, farewell and bye-bye to...more

Chris Lazarini Comments on Application of Manifest Disregard of the Law

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini commented on a case in which a former trader fraudulently purchased $1 billion in Apple shares that ultimately forced the closure of the trader's firm, Rochdale Securities. Rochdale...more

Qatar Market Update - September 2016

by Dentons on

An arbitrator's pet peeves - As budget cuts take effect, a slow-down in construction projects has been evident in Qatar. Another significant trend emerging is that it is becoming even more difficult to secure payment...more

Brexit: Impact on English dispute resolution

by DLA Piper on

English lawyers have grown accustomed to working within a harmonised EU legal system that includes cross-border overarching frameworks dealing with issues of jurisdiction and enforcement. Whilst EU law will continue to apply...more

Preventing Limitation of Liability End-Runs

by Pepper Hamilton LLP on

Owners who are dissatisfied with their contractors’ performance increasingly assert fraud-based claims in addition to breach of contract claims because fraud-based claims are not typically barred by contractual waivers and...more

Brexit: Jurisdiction - Implications for Contracting Parties and Disputes

by Morrison & Foerster LLP on

The process of Brexit will take many years, and the implications for our clients’ business will unfold over time. Our MoFo Brexit Task Force is coordinating Brexit-related legal analysis across all of our offices, and...more

New Stats From The AAA

The American Arbitration Association (AAA) has not released statistics for years (other than to the CFPB). But recently, arbitration geeks got a summer solstice gift of (limited) new information. The piece is only three...more

International Sales Contracts: Square Peg, Round Hole

The purpose of a sales contract is to define the parties’ obligations and to optimize outcome if a dispute arises. As such, a contract is a tool to manage risk and prevent loss. The good news is the vast majority of...more

Agreements to Arbitrate Are Simple, Right?

by Pepper Hamilton LLP on

The construction industry has been a leader in the use of arbitration to resolve disputes. In the past 30 years, it is fair to say that arbitration has outpaced litigation as the dominant method of dispute resolution. The...more

Arbitration Provision Rejected in Franchise Dispute

by BakerHostetler on

In Case Del Caffe Vergnano SPA v. ItalFlavors, LLC, the Ninth Circuit held that the court, not an arbitration tribunal, could review a franchise contract and determine it was a sham, based upon a second contract signed...more

Franchising Update

by K&L Gates LLP on

While dispute resolution clauses may be straightforward for domestic franchise agreements as a result of the Franchising Code, dispute resolution clauses can be one of the most neglected provisions in international master...more

Court Of Chancery Decides If Arbitration Required When Arbitration Clause Not In One Of Two Contracts

by Morris James LLP on

When only one of two related contracts has an arbitration clause, the Court can still require arbitration of a dispute under the contract lacking that clause. The question is whether the two contracts deal with the same...more

Connecticut Supreme Court Upholds Jurisdiction of Arbitration Panel for Claims Arising on Public Works Construction

by Robinson & Cole LLP on

The Connecticut Supreme Court recently issued an important decision confirming the rights of design professionals, construction managers, and contractors to assert claims under contracts with the state. The decision also...more

The Chicago Cubs, Errors, and Arbitration of Florida Non-Compete Agreements

by Burr & Forman on

Some clients prefer to resolve disputes in arbitration. In theory, an arbitration proceeding can more quickly and — in some instances — more cost effectively resolve disputes. However because most arbitration clauses call for...more

US: Courts' Deference to an Arbitration Award is not Without Limits

by DLA Piper on

As a matter of public policy, United States courts strongly favor alternative dispute resolution and show great deference to awards made by arbitration tribunals. However, a recent ruling by the US District Court for the...more

England: Inordinate Delay in Delivering Award is not Sufficient as a Ground to Set it Aside

by DLA Piper on

The English courts have recently taken a firm position on a party's right to challenge an arbitral award on the basis of the tribunal's delay in producing that award. In B.V.Scheepswerf Damen Gorinchem v The Marine Institute...more

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