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Arbitration Motion to Compel 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 -
Saiber LLC

The Saiber Construction Law Column: April 2025

Saiber LLC on

New Jersey law recognizes that the voluntary arbitration of civil disputes is generally favored, subject to certain exceptions. One exception occurs when a party to a contract containing an arbitration waives its right to...more

Shumaker, Loop & Kendrick, LLP

"Arbitration Agreements in Residential Construction Contracts," ActionLine Spring 2023

Since July 2019, Florida has seen an influx of over 550,000 new residents, driven in large part by economic migration from other states. This population growth has been accompanied, at least until the third quarter of 2022,...more

Troutman Pepper Locke

New York Appellate Court Affirms Decision to Deny Motion to Compel Arbitration in Multi-Billion Dollar Construction Dispute

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BML Properties Ltd. v. China Construction America Inc., et al., 101 N.Y.S. 3d 597 (N.Y. App. Div. 2019) - On July 2, 2019, a New York appellate court upheld a lower court ruling by Justice Saliann Scarpulla, denying a...more

Troutman Pepper Locke

UPDATE: GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC: U.S. Supreme Court Grants Writ of Certiorari to...

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As discussed in our post from last year, on August 30, 2018, the Eleventh Circuit Court of Appeals reversed a lower court decision to compel arbitration between an Alabama steel plant owner, Outokumpu Stainless USA, LLC...more

Carlton Fields

Florida Court Finds That Arbitration Agreement Broadening Judicial Review Violates Florida Public Policy

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In a lawsuit brought by a contractor against a subcontractor and its insurer, Florida’s Fourth District Court of Appeals found a provision in an arbitration agreement allowing for a broad ranging review of any arbitration...more

Brooks Pierce

Who Decides Arbitrability? Judge Or Arbitrator? (Again)

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Having a client required to arbitrate a case — even though that client never signed off on an arbitration provision — is nothing new. Judge Conrad dealt with that situation late last month in Charlotte Student Housing DST v....more

Troutman Pepper Locke

Can a Nonsignatory to an Arbitration Agreement Compel Arbitration by Estoppel? North Carolina Court of Appeals Says Yes — But Not...

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Smith Jamison Constr. v. Apac-Atlantic, Inc., 2018 N.C. App. LEXIS 132 (N.C. Ct. App. Feb. 6, 2018) - General contractor APAC-Atlantic (“APAC”) hired Smith Jamison Construction (“Jamison”) as a subcontractor to perform...more

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