On September 14, the U.S. Court of Appeals for the Third Circuit addressed the perennially thorny issue of whether the courts or arbitrators retain the authority to resolve questions involving the enforceability of...more
The U.S. Supreme Court issued a unanimous decision on June 1 in GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, holding that, in some circumstances, even nonsignatories to an agreement may invoke...more
6/3/2020
/ Arbitration Agreements ,
Contract Terms ,
Convention on the Recognition and Enforcement of Foreign Arbitral Awards ,
Enforcement of Foreign Judgments ,
Equitable Estoppel ,
Federal Arbitration Act ,
Foreign Arbitral Awards ,
GE Energy Power Conversion France SAS v. Outokumpu Stainless USA LLC ,
Motion to Compel ,
Non-Signatories ,
SCOTUS ,
State Law Claims ,
Subcontractors
On Nov. 21, the Queen Mary University of London School of International Arbitration, in partnership with the U.K.-based law firm Pinsent Masons LLP, released its ninth annual international arbitration survey focused on...more
On Nov. 21, the Queen Mary University of London School of International Arbitration, in partnership with the U.K.-based law firm Pinsent Masons LLP, released its ninth annual international arbitration survey focused on...more
3/9/2020
/ Arbitration ,
Arbitration Agreements ,
Construction Contracts ,
Construction Disputes ,
Construction Litigation ,
Contract Terms ,
Forum ,
International Arbitration ,
Legal Costs ,
Statistical Analysis ,
Surveys ,
UK
Legal System -
1. Is your jurisdiction primarily a common law, civil law, customary law or theocratic law jurisdiction? Are the laws substantially derived from the laws of another jurisdiction and, if so, which? What...more
7/9/2019
/ Acceleration ,
Affirmative Defenses ,
Arbitration ,
Arbitration Agreements ,
Breach of Contract ,
Choice-of-Law ,
Construction Contracts ,
Construction Industry ,
Contract Formation ,
Contract Termination ,
Contract Terms ,
Covenant of Good Faith and Fair Dealing ,
Delay Claims ,
Delays ,
Dispute Adjudication Board (DAB) ,
Duty to Warn ,
Expert Witness ,
Federal Procurement Systems ,
FIDIC Contracts ,
Force Majeure Clause ,
Jurisdiction ,
Liens ,
Limitation Periods ,
Liquidated Damages ,
Litigation Privilege ,
Pay-For-Delay ,
Payment Bonds ,
Payment Suspensions ,
Performance Bonds ,
Personal Guaranties ,
Physical Impossibility Rule ,
Practical Completion ,
Settlement Offer ,
State Procurement Contracts ,
Subcontractors ,
Substantial Completion ,
Third-Party Service Provider ,
Time-Barred Claims ,
Timely Project Completion
As discussed in our post from last year, on August 30, 2018, the Eleventh Circuit Court of Appeals reversed a lower court decision to compel arbitration between an Alabama steel plant owner, Outokumpu Stainless USA, LLC...more
7/2/2019
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Construction Disputes ,
Construction Litigation ,
Contract Terms ,
Federal Arbitration Act ,
International Arbitration ,
Motion to Compel ,
Motion to Dismiss ,
New York Convention ,
Non-Signatories
Winger Contr. Co. v. Cargill, Inc., No. 17-1169, 2019 BL 132092 (Iowa Apr. 12, 2019).
On April 12, 2019, the Iowa Supreme Court affirmed a lower court ruling which held that, inter alia, the Iowa mechanic’s lien statute...more
5/31/2019
/ Cargill ,
Construction Contracts ,
Construction Disputes ,
Construction Litigation ,
Construction Project ,
Contract Terms ,
Failure To Pay ,
General Contractors ,
IA Supreme Court ,
Manufacturing Facilities ,
Mechanics Lien ,
Subcontractors
The U.S. Supreme Court recently issued another decision making it easier for parties to arbitrate. This time, the Court did away with any exceptions to clauses delegating to arbitrators the right to decide their own...more
1/14/2019
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Contract Terms ,
Exceptions ,
Federal Arbitration Act ,
Henry Schein Inc v Archer and White Sales Inc ,
Judicial Review ,
Motion to Compel ,
Question of Arbitrability ,
Remand ,
SCOTUS ,
Vacated ,
Wholly Groundless Doctrine
A.L. Prime Energy Consultant, Inc. v. Mass. Bay Transport Auth., 479 Mass. 419 (May 2, 2018) -
In a case of first impression, the Massachusetts Supreme Court held that general contract principles, and not federal case law,...more
7/20/2018
/ Breach of Contract ,
Construction Litigation ,
Contract Disputes ,
Contract Terms ,
Covenant of Good Faith and Fair Dealing ,
First Impression ,
MA Supreme Judicial Court ,
Motion to Dismiss ,
Public Projects ,
State and Local Government ,
State Contractors ,
Termination for Convenience ,
Transporation Authories
Cont’l Res. v. P&P Indus., LLC, 2018 N.D. Lexis 20 (January 22, 2018) -
In 2013, Continental Resources Inc. (“Continental”), an oil producer doing business in North Dakota, entered into a master servicing agreement,...more
Frontier Dev. LLC v. Craig Test Boring Co., 2017 U.S. Dist. Lexis 149950 (D.N.J. Sept. 15, 2017) -
On September 15, 2017, the Federal District Court for the District of New Jersey dismissed plaintiff’s, Frontier...more
Dlorah, Inc. v. KLE Constr., LLC, No. CIV. 16-5102-JLV, 2017 U.S. Dist. LEXIS 11043 (D.S.D. July 17, 2017) -
Plaintiff, Dlorah, Inc. (“Dlorah”), filed suit against defendant, KLE Construction, LLC (“KLE”), in connection...more