Contract Disputes, Arbitration, Appellate Courts

Fifth Circuit Clarifies Arbitration Waiver Requires Same Claim

McGlinchey Stafford on 8/5/2025

In Barnett v. American Express National Bank, 24-CA-60391 (5th Cir. 7/29/2025), the U.S. Fifth Circuit reaffirmed that a waiver of the right to arbitrate by “substantially invoking the judicial process” requires a showing...more

5th Circuit Reminder: Forum Selection Clause Cannot Strip a Federal Court of Jurisdiction

McGlinchey Stafford on 6/30/2025

The 5th Circuit recently reversed a district court’s decision to remand a case before ruling on a pending motion to compel arbitration. This is because the remand motion did not challenge the district court’s jurisdiction;...more

Ohio Supreme Court Reinforces the “Party Presentation Principle"

Kohrman Jackson & Krantz LLP on 6/19/2025

On May 28, 2025, the Supreme Court of Ohio passed on an opportunity to settle a long-standing legal question: Does Ohio law require a trial court to conduct an oral hearing before compelling arbitration under R.C. 2711.03?...more

U.S. Fifth Circuit Firmly Shuts Courthouse Doors on Petitions to Vacate Arbitration Awards for "Manifest Disregard of the Law"

Baker Donelson on 6/13/2025

The U.S. Court of Appeals for the Fifth Circuit in United States Trinity Energy Services., L.L.C. v. Southeast Directional Drilling, L.L.C., 135 F.4th 303 (5th Cir. 2025) ruled that "manifest disregard of the law" is not a...more

Fifth Circuit: "Manifest Disregard of the Law" Cannot Be Grafted to FAA as a Basis for Vacatur of Arbitration Award

Husch Blackwell LLP on 5/12/2025

In affirming a district court’s denial of a petition to vacate an arbitration award, the U.S. Court of Appeals for the Fifth Circuit recently rejected the argument “that manifest disregard of the law remains viable as an...more

The Saiber Construction Law Column: April 2025

Saiber LLC on 4/8/2025

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

Singapore Court of Appeal Rules on Nonparticipating Parties Raising Infra Petita Challenges to an Arbitral Award

Morgan Lewis on 1/24/2025

A recent case in the Singapore Court of Appeal raised a significant legal question regarding whether a nonparticipating party to an arbitration can challenge an arbitral award on the grounds that the arbitrator had failed to...more

Attacks on Contract’s Validity are Likely Insufficient to Overcome the Binding Effect of the Contract’s Arbitration Provision

Bradley Arant Boult Cummings LLP on 12/22/2021

A recent opinion from the Court of Appeals of Georgia illustrates that contracts entered into with an unlicensed contractor, which are often unenforceable by an unlicensed contractor under many states’ laws, likely will not...more

U.S. Supreme Court Declines To Provide Clarity On Threshold Question Of Arbitrability

Hahn Loeser & Parks LLP on 3/18/2021

Construction contracts often include arbitration provisions that require any dispute arising out of a project be resolved through binding arbitration. But who decides whether such a dispute is subject to the arbitration...more

Trends in Arbitration Agreements

Flaster Greenberg PC on 2/4/2020

The New Jersey Supreme Court in late November 2019 heard oral argument in Flanzman v. Jenny Craig, Inc., 456 N.J. Super. 613 (App. Div. 2018), cert. granted, 237 N.J. 310 (2019), in which the Appellate Division boldly refused...more

Contract Disputes › Arbitration › Appellate Courts

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