News & Analysis as of

Dispute Resolution Construction Contracts Appeals

Snell & Wilmer

Arbitration Lessons From a Arizona Recent Case, Chayce Concrete, LLC v. Path Construction Southwest, LLC

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In Chayce Concrete, LLC v. Path Construction Southwest, LLC, the Arizona Court of Appeals reaffirmed Arizona courts’ deference to arbitrators when it comes to confirming an arbitrator’s award. The opinion further highlights...more

Bradley Arant Boult Cummings LLP

11th Circuit Confirms International Arbitration Award in Guatemalan Hydropower Project Dispute

Last week, the 11th Circuit Court of Appeals confirmed an international arbitration award in a case involving a failed hydroelectric project in Guatemala. The project involved an Engineering, Procurement, and Construction...more

Snell & Wilmer

Arbitration May Be Available Without An Express Direct Agreement in Utah

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Construction transactions are characterized by many contracts involving multiple parties. While the terms of the parties’ individual contracts generally govern their relationships, parties should be aware that, intentionally...more

Stikeman Elliott LLP

“Finally Settled”?: Ontario Court of Appeal Considers Scope of Appeal Rights in Domestic Arbitrations

Stikeman Elliott LLP on

In Baffinland Iron Mines LP v. Tower-EBC G.P., S.E.N.C., the Ontario Court of Appeal (the “ONCA”) has confirmed that “finally settled” by arbitration means the same thing as “final and binding”, and that both phrases may...more

Bradley Arant Boult Cummings LLP

Improper Application of Arbitration Clause Leads to Remand in Properplates Case

Indiana, like other states, has a strong policy favoring arbitration agreements, and Indiana courts construe arbitration clauses broadly to make matters abitrable so long as they reasonably fit within the language of the...more

Bradley Arant Boult Cummings LLP

It’s a Family Affair: SCOTX Compels Non-Signatory Minor Children to Arbitrate Their Construction Defect Claims with Signatory...

A novel question arose over the past few years in residential construction law as to whether minors were subject to the contractual provisions in their parents’ purchase or construction contract. The contract typically has a...more

Bradley Arant Boult Cummings LLP

Contract, Project, and Arbitration in Florida? State Has Personal Jurisdiction Over Action to Enforce Arbitration Award

On June 24, 2020, in Sayers Constr., LLC v. Timberline Constr., Inc., et al., a Florida District Court of Appeal affirmed a trial court’s denial of a contractor’s motion to dismiss. The contractor moved to dismiss for lack of...more

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