Arbitration

  • DON’T WAIVE YOUR RIGHT TO ARBITRATE (UNLESS YOU WANT TO!)

    … Does your construction contract require you to arbitrate (instead of litigation) disputes arising out of the contract? If so, and you want to arbitrate, you do NOT want to do anything inconsistent or adverse with your right to arbitrate. Arbitration can be waived and you do not want arbitration to be waived if you believe this is the best forum…

    Florida Construction Legal Updates- 9 readers -
  • CAN A NON-SIGNATORY INVOKE AN ARBITRATION PROVISION?

    … As you know from prior postings, arbitration is a creature of contract. Hence, if you want your disputes to be resolved through arbitration, as opposed to litigation, make sure to include an arbitration provision in your agreement that covers all disputes arising out of or relating to the agreement. Under certain circumstances, a non…

    Florida Construction Legal Updates- 13 readers -
  • Arbitration Redux: Supreme Court Speaks Again

    … the drafter (here, DIRECTV) because its language was “unambiguous.” Key Takeaway In dissent, two of the Justices, Ginsburg and Sotomayor, looked at the case through a “consumer protection” lens, finding not only that the phrase “law of the state” was ambiguous (calling it “Delphic,” as in the inscrutable prophecies of the ancient Oracle), but also…

    Brann & Isaacson- 52 readers -
  • Forced Arbitration: Corporate Power Over the People

    … It’s a retelling of the story of David and Goliath, this growing battle between corporations, the government and the people over this issue of arbitration and class action suits. I reported on one of the downsides of arbitration back in March; looking at how American soldiers are being denied their rights as a result of corporate banning of class…

    Greg Webb/ MichieHamlett- 10 readers -
  • Times reports on forced arbitration and disability discrimination

    … NEWS/BLOG Current news at our Firm and reports from the front line on breaking news for employees. We update you on current issues in our field and explain how they affect your legal rights in the workplace. Whether it's a new statute a new court decision, an election or tips on how to protect yourself at work, read about it here…

    Lamberton Law Firm, LLC- 12 readers -
  • What is Arbitration?

    … to court but must instead have the dispute resolved by a private third dispute resolution company. The most well known arbitration company is the American Arbitration Association (AAA) but there are other less known ones like JAMS. The initial intent of arbitration was to provide an expedited forum for resolving disputes free from the expense…

    The Law Offices of Robert J Nahoum- 38 readers -
  • Are Corporations Treating Our Troops (And You) Fairly?

    … Mandatory arbitration—you may not know what it is, but you have mostly likely signed a contract agreeing to accept arbitration as an alternative to a lawsuit in the case of a grievance. A Consumer Financial Protection Bureau study, released this week, found that among consumers whose credit card contract included an arbitration clause, fewer than…

    Greg Webb/ MichieHamlett- 12 readers -
  • STAYING MILLER ACT PAYMENT BOND LAWSUIT PENDING ARBITRATION

    …. However, if there is concern the prime contractor will move to demand arbitration under the subcontract (as a means to stay the Miller Act litigation), you may want to consider simultaneously moving to demand arbitration against the prime contractor to preserve your status as the claimant (plaintiff) in the arbitration. Please contact David Adelstein…

    Florida Construction Legal Updates- 15 readers -
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