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Arbitration Puerto Rico

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 -
Littler

Puerto Rico Governor Signs Two New Acts Addressing Arbitration and Preferences for Veterans

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Puerto Rico Governor Jennifer González recently signed into law two employment statutes, Act No. 37-2025 and Act No. 26-2025, governing arbitration and hiring preferences for veterans, respectively....more

Carlton Fields

First Circuit Holds That New York Convention Preempts Puerto Rican Law

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The First Circuit Court of Appeals has held that the New York Convention applies to an insurance arbitration dispute between a Puerto Rican company and Lloyd’s of London and that the convention preempts a Puerto Rican law...more

Foley & Lardner LLP

Air Conditioning Distribution Dispute Frozen Out of Arbitration

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Air-Con and Daikin enjoyed a cooperative business relationship for the better part of 15 years. Beginning in 2000, Air-Con signed a written distribution agreement with Daikin Industries to be a “non-exclusive authorized...more

Littler

Supreme Court of Puerto Rico Validates Implicit Consent for Arbitration Agreements in the Employment Context

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In Aponte Valentín v. Pfizer Pharmaceuticals, CC-2018-748, the Puerto Rico Supreme Court reinforced the strong public policy favoring arbitration agreements in Puerto Rico, validating continued employment as implicit consent...more

Jackson Lewis P.C.

Puerto Rico’s Anti-Bullying Bill Closer To Enactment

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Puerto Rico may become the first jurisdiction to adopt law against workplace bullying. The Puerto Rico Legislature has considered bills on anti-bullying requirements in the workplace over the last decade. None of these...more

Carlton Fields

First Circuit Vacates Order Compelling Arbitration Over Arbitrator Selection Clause

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The First Circuit vacated an order compelling arbitration after finding that the arbitrator selection clause was unconscionable. The court nevertheless remanded the case to the district court to determine if the selection...more

Dorsey & Whitney LLP

The Supreme Court - June 1, 2020

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Thole v. U. S. Bank N. A., No. 17-1712: Plaintiffs-petitioners James Thole and Sherry Smith are two retired participants in respondent U.S. Bank N.A.’s defined-benefit plan. They brought a putative class action under ERISA...more

Carlton Fields

District Court Orders Insurer in Receivership to Arbitrate With Reinsurers, Rejecting Argument That Jurisdiction Rests With...

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The District Court of Puerto Rico upheld a prior judgment ordering Integrand Assurance Co. to arbitrate its claims against its various reinsurers, rather than remand the case to the court overseeing Integrand’s receivership,...more

Carlton Fields

Federal Court Dismisses Policyholder’s Third-Party Action Against Reinsurers

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A Puerto Rico district court dismissed a third-party action by defendant-policyholder Puma Energy Caribe LLC against the reinsurers of an insurance policy issued by plaintiff Integrand Assurance Co. Puma claimed that the...more

Carlton Fields

First Circuit Affirms Denial of Vacatur of Arbitration Award, Rejects Arguments That Parties Opted Out of FAA and Arbitrator Erred

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The First Circuit recently denied an appeal from the District of Puerto Rico’s refusal to vacate an arbitration award. The dispute centered on a management services agreement containing an arbitration agreement that required...more

Littler

Puerto Rico Supreme Court Holds Arbitration Clauses in Employment Contracts—Including Those Governing Unjust Dismissal Claims—are...

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The Puerto Rico Supreme Court (PRSC) recently issued an opinion in José Méndez et al v. Carso Construction, 2019 TSPR 19 (May 22, 2019), validating an arbitration clause that covers a claim under the Puerto Rico Unjust...more

Zelle  LLP

No Arbitration for Insurance Disputes in Puerto Rico

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The 2018 Atlantic Hurricane Season began on June 1 and ends on Nov. 30. This year, the season began with concerns about what is yet to come — particularly in light of the passing of Subtropical Storm Alberto through the Gulf...more

Bass, Berry & Sims PLC

Chris Lazarini Analyzes "Common and Usual Meaning" Interpretation of Insurance Contracts

Bass, Berry & Sims attorney Chris Lazarini analyzed a case in which UBS Puerto Rico sought to overcome its insurance carriers' refusal to defend and provide coverage for two civil actions, settlements with the SEC and FINRA...more

Carlton Fields

First Circuit Affirms District Court’s Confirmation Of Arbitration Award Under The “Look-Through” Test

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The background of this matter could be found here. In sum, Plaintiffs Dr. Luis Ortiz-Espinosa and his wife Maritza Soto-Garcia, the conjugal partnership they formed, Espinosa-Soto, and Luis Ortiz-Espinosa, as trustee of...more

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