News & Analysis as of

Federal Arbitration Act Contractors Arbitration

The Federal Arbitration Act is a United States federal statute enacted in 1925 that governs arbitration in contracts implicating interstate commerce. The Act applies in both federal and state courts. 
Bradley Arant Boult Cummings LLP

Manifest Disregard Discarded: Fifth Circuit Limits Grounds to Vacate Arbitration Awards

“Manifest disregard of the law” is no longer a valid basis to challenge arbitration awards, at least not in the federal courts of Texas, Mississippi and Louisiana. Rather, according to the Fifth Circuit’s decision in U.S....more

Poyner Spruill LLP

State Statute Trumped by Federal Arbitration Act

Poyner Spruill LLP on

To protect contractors and subcontractors working on North Carolina construction projects, state law prohibits the enforcement of any agreement subjecting the parties exclusively to the laws of another state or making the...more

Troutman Pepper Locke

Preventing Limitation of Liability End-Runs

Troutman Pepper Locke on

Owners who are dissatisfied with their contractors’ performance increasingly assert fraud-based claims in addition to breach of contract claims because fraud-based claims are not typically barred by contractual waivers and...more

Parker Poe Adams & Bernstein LLP

Supreme Court Agrees to Review California Rule Invalidating Contractor Arbitration Agreements

On October 1, the U.S. Supreme Court agreed to hear the appeal of a company whose mandatory arbitration agreements with its contractors were deemed invalid by California state courts. Once again, the Court will determine...more

Carlton Fields

Fla. Case Provides Practicum On Arbitrability

Carlton Fields on

The Middle District of Florida recently, in U.S. Surety Co. v. Edgar, provided a practicum on arbitrability jurisprudence under the Federal Arbitration Act, answering key questions about (1) whether nonsignatories to an...more

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