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Arbitration Litigation Strategies Waivers

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 -
Marshall Dennehey

Defendants Waived Right to Arbitration by Litigating for 17 Months Before Filing Motion

Marshall Dennehey on

Parkin v. Avis Rent A Car Sys. LLC et al., 22-CV-05481, 2025 WL 484588 (D.N.J. Feb. 13, 2025) - The class action plaintiffs alleged that they purchased Supplemental Liability Insurance, which they claim the defendants...more

Foley & Lardner LLP

Supreme Court Makes It Easier to Establish a Waiver of Arbitration through a Pursuit of Litigation

Foley & Lardner LLP on

On May 23, the Supreme Court resolved a circuit split in holding that the Federal Arbitration Act’s (FAA) “policy favoring arbitration” does not allow federal courts to create arbitration-specific federal procedural rules....more

Bradley Arant Boult Cummings LLP

If You Want to Arbitrate, Better Ask for It (Sooner Rather Than Later) - Construction and Procurement Law News, Q1 2021

In our last issue of the newsletter, we told you of a decision of the United States Circuit Court for the Sixth Circuit, in which the Sixth Circuit considered the issue of whether a party waived its arbitration right through...more

Carlton Fields

Eleventh Circuit Affirms District Court Order that Defendants Waived Arbitration

Carlton Fields on

Plaintiffs, three families living in the Lake View area, filed three separate actions against defendants J. Michael White, Eco-Preservation Services LLC, Serma Holdings LLC, Aeta Management Group, Knobloch Inc., and others....more

Robins Kaplan LLP

Arbitration Options Put Global Insurers In The Driver Seat

Robins Kaplan LLP on

Globalization of the insurance market has seen an increase in the use and enforcement of international arbitration agreements in insurance policies. When tragedy strikes or loss occurs, insurers have a variety of options to...more

Haight Brown & Bonesteel LLP

Employment Alert: Court Upholds Waiver of Employer’s Right to Arbitration

In Bower v. Inter-Con Security Systems, Inc., No. A135940, published December 31, 2014 (Bower), the California Court of Appeal, First Appellate District held that a defendant employer waived its right to arbitration based on...more

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