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Commercial Real Estate Civil Procedure Alternative Dispute Resolution (ADR)

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Third Circuit Holds That Courts – Not Arbitrators – Must Determine Whether Arbitration Clauses Permit Class Action Arbitration

by Reed Smith on

The United States Court of Appeals for the Third Circuit, in a precedential opinion, recently held that courts, not arbitrators, must decide whether a class action dispute should be governed by arbitration unless the...more

Interpreting Arbitration Agreements: Two Key Points from Recent Texas Supreme Court Decisions

by Winstead PC on

The Texas Supreme Court recently added another opinion to its ever-growing body of law interpreting arbitration agreements. The opinion falls in line with prior decisions on two key issues: 1. what amounts to waiver of the...more

The Alabama Supreme Court Allows a Second Bite at the Arbitration Apple

by Butler Snow LLP on

Could a failure to participate in a court-ordered arbitration be enough to waive a party’s right to arbitration? A recent decision of the Alabama Supreme Court suggests it is not. In 2010, Yan Chen entered into a lease...more

Abu Dhabi Global Markets: New Regulations: Real Estate

by DLA Piper on

Here we consider some key features of the ADGM Real Property Regulations 2015 (“the Regulations”) and highlight topics that may be of interest to our clients operating within the Abu Dhabi Global Market (“ADGM”), which...more

A House of a Different Color: The Changing Role of Appraisal Panels

by Robins Kaplan LLP on

Minnesota’s severe weather season is here. With that season comes the possibility of hail, heavy rain, lightning, and other weather-related threats that can quickly result in serious property damage to residential and...more

Construction Case Law Update - October 2014 #2

by Carlton Fields on

Disputes over a mediation agreement’s validity must be resolved prior to a court ruling on discovery requests regarding matters potentially settled by the agreement. A dispute arose after Jilco, Inc. (“Jilco”) subleased a...more

In Site - Winter 2013/2014

by K&L Gates LLP on

Welcome to the Winter 2013/2014 edition of In Site. This edition covers the following topics: - Collateral warranties, third party rights and the decisions in Parkwood Leisure Ltd v Laing O’Rourke Wales and Royal...more

What Happens When Some Investors Agree To Arbitration But Others Don’t?

by Allen Matkins on

Arbitration continues to be a hot topic for the courts. See Achilles’ Shield And Judicial Review Of Arbitration Awards and U.S. Supreme Court Holds That State Courts Must Not Assume The Arbitrator’s Role By Declaring...more

Pinnacle's Limited Impact On California Property Litigation

by Zelle LLP on

Originally published in Insurance Law360 on November 2, 2012. The California Supreme Court recently issued an important decision concerning the forum for litigation of construction defect claims. However, as a practical...more

How to Create the Most Effective Demonstratives for Real Estate Cases

by Cogent Legal on

At Cogent Legal, real estate and land use cases are among our favorite to support. They can offer up rich and tangible imagery to shape for jury scrutiny. Not surprisingly, trial teams for such cases, on occasion, come to us...more

Keeping disagreements out of court: new problems with expert determination clauses (UK)

by Chris Robinson on

A recent case (6 November) casts doubt on the very common "expert determination" clauses used to value shares or property. Review them now!...more

Drafting An Arbitration Provision - The VirtualCourthouse Way

by Arthur Ahalt on

VirtualCourthouse provides a fresh new approach to arbitration. An approach which provides flexibility and cost savings not available through AAA, JAMs, National Arbitration Forum. Have you noticed that arbitration has become...more

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