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Reasonable Minds Differ - Circuit Split on Preliminary Injunctive Relief for Parties to Arbitration Agreements

This article compares the U.S. Court of Appeals’ differing positions on whether injunctive relief is available to parties to contracts with arbitration provisions. It is the first in a series of comparative studies...more

Beware the Boilerplate: Request for Attorneys' Fees in Arbitration Can Haunt You Later

The general rule in litigation is that each side pays its own legal fees, regardless of who wins. There is no fee shifting. Exceptions to that general rule primarily exist in the form of contractual arrangements or statutes...more

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

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

Contractually Controlling Future Litigation: Unanimous Supreme Court Enforces Forum-Selection Clauses

Many contracts today include "forum-selection clauses" which are intended to eliminate some of the uncertainty inherent in litigation by choosing at the outset where any disputes will be litigated. Last week, the United...more

12/10/2013  /  Forum Selection , SCOTUS
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