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Arbitration Mandatory Arbitration Clauses Construction Litigation

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 -
Kohrman Jackson & Krantz LLP

Ohio Courts Reinforce Arbitration Provisions Despite Conflict, Missing Signatures and Litigation

Ohio courts are reaffirming a consistent and increasingly important theme: if your contract contains an arbitration clause, expect to be held to it. Three recent appellate decisions—Denham v. Encino Energy, LLC,...more

Bradley Arant Boult Cummings LLP

The Great Debate: Do You Arbitrate Commercial Disputes?

In a civil case, is it wiser for a business to try to persuade the counterparty to agree from the outset to arbitration—or potentially to place it's very solvency in the unpredictable hands of a judge and jury? Originally...more

Troutman Pepper Locke

Arbitration By Estoppel: North Carolina Court Holds That Arbitration Clauses Bind Nonsignatories Who Seek To Enforce The Contracts...

Troutman Pepper Locke on

Charlotte Student Hous. DST v. Choate Constr. Co., 2018 NCBC LEXIS 88 (N.C. Super. Ct. Aug. 24, 2018). This case arose from the construction of a student apartment complex known as Arcadia. The plaintiffs, Arcadia’s...more

White and Williams LLP

Courts Favor Arbitration in Two Recent Construction Dispute Cases

White and Williams LLP on

Recent court decisions have signaled the courts’ proclivity to prefer arbitration over full-fledged litigation when provisions in construction contracts are called into question. While the courts recognize a party’s...more

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