Arbitration
Alleged pre-employment misrepresentations were within scope of employment agreement arbitration clause
December 31st, 2015
The prospective employee in California was promised certain compensation and commissions if he joined the company in Illinois. When he joined, he signed an employment agreement calling for arbitration of disputes in New York. It was not a good marria…
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Categories: Arbitration
An issue outside the scope of the arbitration clause? Handle with care!
December 21st, 2015
One of the limited bases to object to an arbitration award, under the Federal Arbitration Act or any of the state arbitration laws, is that the arbitrator ruled on an issue outside the scope of the arbitration agreement. Another concept, supported by…
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Arbitrability of Class Action Claims – Turn-About is Fair Play
November 18th, 2015
The normal pattern is for employees or consumers to challenge in court the scope of arbitration, and whether it is for the arbitrator or the court to make that determination. A California federal court judge has issued a decision against Guess?, Inc.…
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Categories: Arbitration
Arbitration Clause May Not Be Effective Waiver of Right to Trial
October 28th, 2015
A New Jersey Appellate Division court has held that an arbitration clause must effectively spell out what court or litigation rights are being given up, in order for the parties to be required to arbitrate. The decision makes no mention of the Federa…
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Categories: Arbitration
Owner’s Claim for Defective Work Not Barred by Prior Arbitration
October 26th, 2015
A contractor who successfully pursued payment in arbitration objected when the public authority owner subsequently filed a lawsuit claiming defective work. The contractor argued that the lawsuit was barred by doctrines of res judicata or collateral e…
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Reference to Arbitration Did Not Toll Statute of Limitations
September 17th, 2015
Where homeowners sought to arbitrate an insurance coverage dispute within the two-year statute of limitations, but the carrier declined to do so, the homeowners’ failure to file a lawsuit within that two-year period resulted in the claim being dism…
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Right To Challenge Arbitration Award Cannot Be Waived By Contract
July 20th, 2015
A subcontract arbitration clause states that the parties may take steps to confirm an arbitration award, but agree not to challenge any award. A Georgia appellate court has held that the restriction on challenging an award impinges on the Georgia Arb…
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Closing Out An Arbitration Award (How Not To)
July 1st, 2015
Two contractors concluded arbitration proceedings and the panel issued its award in February 2011. Upon request of one party, the panel amended its award to address outstanding liens, in March 2011. The amended award required certain lien waivers to…
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Criticize the Contractor? An Arbitration Award for Defamation
June 10th, 2015
Hell hath no fury like a homeowner scorned, particularly one with access to sophisticated IT professionals who will establish and optimize a website solely to criticize the contractor. But the cabinetry contractor – whose arbitration award includin…
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Arbitration Venue: Where the Parties Agreed, Despite State Law
May 12th, 2015
The contract calls for arbitration in Indiana, applying the laws of Nebraska. But Nebraska has a law prohibiting parties from being compelled to arbitrate outside that state for an in-state project. In a GC/sub dust-up including lawsuits in both stat…
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About Stan Martin
Stan Martin holds a law degree and an undergraduate degree in architecture. He has been involved with the construction industry for more than 45 years, working in construction prior to law school and beginning his construction law practice. During his career, he has been actively involved with the Associated General Contractors of Massachusetts, the Boston Society of Architects, the American Arbitration Association, and the Massachusetts Building Congress.