News & Analysis as of

Arbitration Equitable Relief

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 -
Ervin Cohen & Jessup LLP

Employers May Now Obtain Equitable Relief for Untimely Arbitration Payments

After years of appellate cases and several rulings holding California employers to the very strict payment standards of the California Arbitration Act (CAA), the California Supreme Court has, for the first time, addressed...more

Bradley Arant Boult Cummings LLP

Watch Your Stipulation! Award Confirmed Despite Arbitrator Exceeding Contractual Scope of Authority

Once parties agree to arbitrate, courts generally defer to the arbitrator’s judgment regarding resolution of a dispute. The prevailing approach in many states is to not set aside an arbitration award unless the arbitrator...more

Troutman Pepper Locke

D.C. Federal Court Declines to Enjoin Arbitration Because the Arbitrator Could Issue Any Equitable Relief Required, the Integrity...

Troutman Pepper Locke on

TK Servs., Inc. v. RWD Consulting, LLC, 2017 U.S. Dist. Lexis 97239 (D.D.C., June 23, 2017) - This litigation arose from a dispute between TK Services, Inc. (“TKS”), as sub-subcontractor, and RWD Consulting, LLC (“RWD”),...more

Carlton Fields

Rhode Island Supreme Court Bars Second Arbitration Based On The Doctrine Of Res Judicata

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An architectural firm contracted to provide architectural, engineering and design services for a state veterans home for a “not to exceed fee” of $61,500, which was calculated as a percentage of overall expected construction...more

Carlton Fields

Court Confirms Arbitration Panel’s Interim Award Requiring Reinsurer To Post Security For Cedent’s Claimed Losses

Carlton Fields on

A federal district court has confirmed an arbitration panel’s interim award requiring Allied Provident, as reinsurer, to post security for unreimbursed losses and expenses that its cedent claims are due under the parties’...more

Burr & Forman

Don’t Mess With Texas: Texas Appeals Court Confirms Arbitrator’s Authority To Equitably Extend A Non-Compete Agreement

Burr & Forman on

On July 3rd, the Court of Appeals for the Fifth District of Texas at Dallas issued a ruling in Nationbuilders Insurance Services, Inc. v. Houston International Insurance Company, Ltd., 2013 WL 3423755 (Tex. App. – Dallas,...more

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