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Arbitration Real Estate Transactions

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 -
Stikeman Elliott LLP

Abuse of Contractual Right When Renegotiating a Commercial Lease: the Superior Court Rules on Unreasonable Offers by Landlord

Stikeman Elliott LLP on

In Grains Boivins inc. v. Élevages St-Georges inc. (2025 QCCS 25), a decision dated January 10, 2025, the Superior Court handed down a decision reminding landlords that they must negotiate with tenants in good faith when...more

Smith Debnam Narron Drake Saintsing & Myers,...

Buying? Not Married? Have You Considered Your Options for Real Estate Ownership and What Happens if You Break Up?

Purchasing a home is a significant financial investment, introducing unique legal considerations for unmarried couples. According to the National Association of Realtors’ 2024 Profile of Home Buyers and Sellers, unmarried...more

Bressler, Amery & Ross, P.C.

Enforceability of Arbitration Clauses in NJ Developer Purchase Agreements

When disputes arise between developers and purchasers, it is important to ensure that the developer’s preferred forum of dispute resolution is enforceable in the purchase contract. In particular, arbitration clauses, which...more

Stoel Rives -  Ahead of Schedule

5 Keys to Early Mediation Success When Project Disputes Arise

Many construction, development, and real estate purchase agreements provide for early mediation as a condition precedent to arbitration or court litigation. Early mediation sessions usually fail, only to be followed months...more

Winstead PC

Arbitration for All: Texas Supreme Court Hands Down Two Big Wins for Developers and Builders Seeking to Enforce Arbitration...

Winstead PC on

While it may seem evident that household members and subsequent purchasers bringing a construction defect claim are bound by the arbitration provision contained in the purchase and sale contract for the home, that was not the...more

Cranfill Sumner LLP

You Can Run, but You Can’t Hide From the NY Convention

Cranfill Sumner LLP on

On June 24, 2022, the Fourth Circuit Court of Appeals issued a ruling in Reddy v. Buttar concerning enforcement of a Singapore arbitration award under the New York Convention on the Recognition and Enforcement of Foreign...more

ArentFox Schiff

When Real Estate Transactions Become Litigation

ArentFox Schiff on

The goal of a real estate transaction is generally to achieve a transfer of real property mutually sought by buyer and seller. But as a recent arbitration win secured by Arent Fox illustrates, a go-to litigator is sometimes...more

Brownstein Hyatt Farber Schreck

Arbitration of California Real Estate Disputes

Parties to real estate transactions (which include purchase and sale agreements, financing, leasing and exchanges) are using binding arbitration as a preferred method of dispute resolution for a multitude of reasons (which...more

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