Appeals, Federal Arbitration Act, Construction Industry

Manifest Disregard Discarded: Fifth Circuit Limits Grounds to Vacate Arbitration Awards

Bradley Arant Boult Cummings LLP on 5/6/2025

“Manifest disregard of the law” is no longer a valid basis to challenge arbitration awards, at least not in the federal courts of Texas, Mississippi and Louisiana. Rather, according to the Fifth Circuit’s decision in U.S....more

Texas Legislature Convenes New Regular Session

Snell & Wilmer on 2/17/2025

The Texas Legislature follows a unique legislative calendar and convenes in regular session for 140 days only once every other year. This unusual schedule creates a flurry of new state laws every other year in Texas. These...more

How Final Is a Final Award? Turns Out, It Is Difficult to “Escapes!” a Final Arbitration Award in a Construction Conflict

Bradley Arant Boult Cummings LLP on 3/22/2023

How final is a final arbitration award? In Escapes! To the Shores Condominium Association, Inc., et al. v. Hoar Construction, LLC, and Architectural Surfaces, Inc., the plaintiff condo association argued that an arbitration...more

Attacks on Contract’s Validity are Likely Insufficient to Overcome the Binding Effect of the Contract’s Arbitration Provision

Bradley Arant Boult Cummings LLP on 12/22/2021

A recent opinion from the Court of Appeals of Georgia illustrates that contracts entered into with an unlicensed contractor, which are often unenforceable by an unlicensed contractor under many states’ laws, likely will not...more

Deciding Arbitrability And Arbitration Agreements: Eleventh Circuit Refines Its Interpretation Of The Federal Arbitration Act And...

Troutman Pepper Locke on 11/8/2018

Outokumpu Stainless USA, LLC v. Converteam SAS, 2018 U.S. App. LEXIS 24671 (11th Cir. Aug. 30, 2018) - On August 30, 2018, the Eleventh Circuit Court of Appeals reversed a lower court decision to compel arbitration between...more

Construction Arbitration: The Pros and Cons

Ward and Smith, P.A. on 8/30/2018

It's an unfortunate fact that many construction projects end in disputes, driving the parties into some form of dispute resolution. Many of these construction disputes are resolved through arbitration, which is a process...more

Fifth Circuit Finds Order Not “Final” For Purposes Of Appellate Jurisdiction

Carlton Fields on 10/24/2017

The U.S. Court of Appeals for the Fifth Circuit held that an order compelling arbitration and staying a related action was not an appealable “final decision with respect to arbitration” under the Federal Arbitration Act...more

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