News & Analysis as of

Arbitration Contract Disputes

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Harris Beach Murtha PLLC

Second Circuit Limits Jurisdiction to Review Challenges to Arbitration Awards

The United States Court of Appeals for the Second Circuit recently weighed in on the proper role of American federal courts in adjudicating the validity of arbitration awards made in foreign countries. In Molecular Dynamics,...more

Smith Debnam Narron Drake Saintsing & Myers,...

The Legal Impact of Supply Chain Disruptions on Construction Projects

In today’s global economy, construction projects are more interconnected than ever. Materials, equipment, and skilled labor often come from a variety of domestic and international sources. When any link in this chain breaks...more

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

Carlton Fields

Georgia Supreme Court Affirms Arbitration Award, Holds Ex Parte Communications With Arbitrator Did Not Prejudice Affected Party

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In Docs of CT LLC v. Biotek Services LLC, the Supreme Court of Georgia considered an appeal brought by Docs of CT LLC, seeking to vacate an arbitration award on the grounds that “the arbitrator exhibited partiality and...more

Vinson & Elkins LLP

[CLE Hybrid Event] Post-Transaction Disputes - September 25th, Houston, TX

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Chris Popov and Jamie Leader frequently advise private equity clients before, during, and after a major acquisition or divestiture regarding the issues that arise after a closing and lead to a material dispute. This...more

Davidoff Hutcher & Citron LLP

Resolving Partnership Disputes in Restaurants: Key Legal Considerations

Partnership disputes are common in the restaurant industry, where high-stress environments, financial pressures, and differing business visions can create tension between partners. If not handled properly, these disputes can...more

Marshall Dennehey

Appeals Court Reverses Arbitration Ruling, Citing Improper Credibility Determination by Successor Judge

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Metzger v. Strongsville Care Group, LLC (8th Dist.), 2025-Ohio-1732 - On May 15, 2025, the Ohio 8th District Court of Appeals held that when a judge takes over a case for another judge, the successor judge cannot rely on a...more

Davis Wright Tremaine LLP

Drafting Broad Arbitration Clauses

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

Bracewell LLP

Shell v Venture Global: Commissioning a Dispute

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It has recently been announced that an arbitral tribunal has found in favour of Venture Global, Inc. in its dispute against Shell concerning whether the ’start date’ of a long-term liquefied natural gas (LNG) sale and...more

PilieroMazza PLLC

How the Boards of Contract Appeals Work—And Why It Matters for Your Bottom Line, Part 4

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Government contractors, particularly small business contractors, often share that their experience with Alternative Dispute Resolution (ADR) is costly and inefficient. This may be true of traditional ADR involving paid...more

JAMS

When Arbitration Is Required, Should You Still Try Mediation First?

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In commercial and construction contracts, arbitration clauses are now the norm. They appear routinely—tucked into the fine print of everything from service agreements to bylaws to multimillion-dollar joint venture deals....more

Phelps Dunbar

What’s in a Contract?

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The U.S. Eighth Circuit Court of Appeals recently reversed a Minnesota federal district court and vacated an arbitration award based upon the arbitrators “exceeding” their “authority.” Although this is a business arbitration,...more

White & Case LLP

Payback for Kickbacks: The UK Position on Compensation of Victim States in Multinational Bribery Cases

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A recent paper from the Basel Institute has brought renewed attention onto the issue of the compensation of victim states in cross-border bribery cases. International arbitration may provide a quicker and more certain route...more

McGuireWoods LLP

Corporate Defendants Take Note: California Supreme Court Rules State Law Requiring Timely Payment of Arbitration Fees Not...

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On Aug. 11, 2025, in Hohenshelt v. Superior Court, the California Supreme Court held that the Federal Arbitration Act does not preempt California Code of Civil Procedure Section 1281.98. The statute, intended to deter the...more

Haynes Boone

Arbitration in the Fifth – July 2025

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In July 2025, the Fifth Circuit Court of Appeals considered enforcement of an arbitration agreement contained in an attorney representation agreement, and in Barnett v. Am. Express Nat'l Bank, the court of appeals reiterated...more

Buchalter

Late Fees, High Stakes: California Narrows Arbitration Fee Forfeiture Rule

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In its August 11, 2025 decision in Hohenshelt v. Superior Court (S284498), the California Supreme Court clarified the reach of Code of Civil Procedure Section 1281.98, the 30-day arbitration fee payment rule. While...more

Husch Blackwell LLP

Fourth Circuit Clarifies Standards for Enforcing Foreign Arbitral Awards

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In Employers’ Innovative Network v. Bridgeport Benefits, No. 24-1350 (4th Cir. July 18, 2025), Employers contracted with Bridgeport, Capital Security, Inc., and a few other parties to obtain and administer employee health...more

Davidoff Hutcher & Citron LLP

Mediation vs. Litigation: Resolving Restaurant Ownership Disputes

In the fast-paced and high-stakes world of restaurant ownership, conflicts among business partners can arise from financial disagreements, operational decisions, or differing visions for the restaurant’s future. When disputes...more

McGlinchey Stafford

Fifth Circuit Clarifies Arbitration Waiver Requires Same Claim

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In Barnett v. American Express National Bank, 24-CA-60391 (5th Cir. 7/29/2025), the U.S. Fifth Circuit reaffirmed that a waiver of the right to arbitrate by “substantially invoking the judicial process” requires a showing...more

Mayer Brown

Arbitration Act 2025 in Force from 1 August 2025 – What You Need to Know

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On 1 August 2025, the Arbitration Act 2025 ("2025 Act") will come fully into force1.  The 2025 Act revamps the arbitration framework for England, Wales and Northern Ireland (through amendments to the Arbitration Act 1996)....more

JAMS

One Size Doesn't Fit All: Customizing Dispute Resolution for Commercial Contracts

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Dispute resolution clauses are independent agreements within a contract and often do not get the attention they deserve. When drafting a complex agreement, it may be difficult to shift gears and imagine the problems that may...more

Kilpatrick

Eighth Circuit rules OptumRx waived arbitration of two year-old claims but delegated arbitrability of newly-pled claims to an...

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The Eighth Circuit partially reversed a district court ruling denying OptumRx, Inc. (“OptumRx”)’s motion to compel arbitration of Lackie Drug Store, Inc. (“Lackie”)’s putative class action, concluding OptumRx waived...more

Proskauer - New Media & Technology

Why a Transaction’s Context Matters: Website Terms Found Unenforceable Despite Proximate Placement to “Place Order” Button

In Cody v. Jill Acquisition LLC, No. 25-937 (S.D. Cal. June 30, 2025), the Southern District of California declined to enforce a retail site’s terms of use and compel arbitration, holding that the plaintiff, who used guest...more

Troutman Pepper Locke

Understanding California Senate Bill 940

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California Senate Bill 940 (SB 940), enacted in late 2024, introduces several key changes to arbitrations involving “consumer contracts,” which is defined as a contract prepared by a seller and signed by a consumer for the...more

BCLP

HK Court Confirms Jurisdiction of Arbitral Tribunal in Cayman-Related Dispute

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In PI 1 and PI 2 v MR, the Hong Kong Court of First Instance (“Court”) dismissed the plaintiffs’ application to set aside an arbitral tribunal’s decision that it did have jurisdiction to hear a dispute. It is noteworthy that...more

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