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Arbitration Agreements › Contract Drafting › Motion to Compel

Phelps Dunbar

Courts Rule That NFL Arbitration Clause Lacks Enforceability

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Arbitration is an alternative dispute resolution method where parties can pursue their claims in a forum other than court. It is often favored for its confidentiality, efficiency and ability to provide a specialized forum for...more

Davis Wright Tremaine LLP

Drafting Broad Arbitration Clauses

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In the recent decision Soar.Earth Ltd v. Mahaffie, the U.S. District Court for the District of Colorado addressed what happens when competing forum selection and arbitration clauses in separate contracts apply to a single...more

Womble Bond Dickinson

Supreme Court Clarifies Arbitration Clauses: Key Takeaways for Companies

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Recent decisions by the U.S. Supreme Court in Smith v. Spizzirri, 601 U.S. 472 (2024) and Coinbase, Inc. v. Suski, 144 S. Ct. 1186 (2024) provide important guidance for companies utilizing arbitration clauses in their...more

Payne & Fears

California Appellate Court Issues Guidance on Enforcing Arbitration Agreements

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While much of the world came to a halt in response to the coronavirus pandemic, the California Courts of Appeal were busy issuing important decisions on the enforceability of arbitration clauses. As the economy starts to...more

Troutman Pepper Locke

Delaware Chancery Court Finds Purchase Agreement Shows Parties' 'Clear Intention' to Arbitrate Net Working Capital Dispute

Troutman Pepper Locke on

A recent opinion from the Delaware Court of Chancery reinforces the importance of using clear language when drafting dispute resolution clauses. In Agiliance, Inc. v. Resolver SOAR, LLC, No. 2018-0389-TMR, 2019 Del. Ch. LEXIS...more

Payne & Fears

Nonparty Discovery in California Arbitration: How to Get What You Want

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Opting for arbitration requires attorneys to balance efficiency and procedural protections. The implications of arbitration are something clients certainly have to carefully consider both when drafting arbitration provisions,...more

Polsinelli

State High Court Decision Highlights National Split of Authority and Offers Lessons for Those Who Rely on Arbitration

Polsinelli on

The Missouri Supreme Court recently upheld a refusal to compel parties to arbitrate their dispute before a different forum when the one listed in their agreement could not accept the case. ...more

Troutman Pepper Locke

When a Flow Down Provision Doesn’t Flow Up: Oregon Appellate Court Holds That a Flow Down Provision From a Prime Contract With an...

Troutman Pepper Locke on

Eugene Water & Elec. Bd. v. MWH Americas, Inc., 2018 Ore. App. LEXIS 879 (July 25, 2018) On July 25, 2018, an Oregon appellate court concluded that a pair of subcontractors could not compel an owner to arbitrate its claims...more

Womble Bond Dickinson

South Carolina Supreme Court Decision Impacts Enforceability of Arbitration Provisions in New Residential Construction Sales...

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On July 6, 2016, the South Carolina Supreme Court filed its Opinion No. 27645, captioned Smith v. D.R. Horton, Inc., in which it affirmed the Court of Appeals' refusal to compel arbitration between new home purchasers and the...more

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