Arbitration

Estoppel and Agency Theories for Non-Signatories to Compel Arbitration

A twisted set of underlying facts did not detract from the core of an appellate court decision: even if one party to a contract with an arbitration clause was not part of a lawsuit, agents and closely-related persons/entities could compel arbitration… Read More
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Insurer Did Not Waive Arbitration by Waiting for Claim Against Tortfeasor to Conclude

An injured automobile owner pursued claims against the driver who caused the accident, while her own carrier, whose policy could be implicated by the underinsurance of the driver at fault, waited on the sidelines. After reaching an end result with th… Read More
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Reference to Arbitration in Contract Was Sufficient Notice of Arbitration Clause

Homeowners who claimed not to have read the contract nonetheless signed a 10-page form with two critical items: (1) a check box indicating arbitration and not litigation for dispute resolution, and (2) incorporation by reference of general conditions… Read More
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AIA Form Dispute Election Was Adequate Waiver of Jury Trial Right

This should not come as a surprise to any experienced construction attorney, that a New Jersey appellate court has held the AIA form dispute election terms to represent a proper waiver of the right to a jury trial. The project was to build a new home… Read More
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Optional Appellate Rules in Arbitration Are, Well, Optional

The American Arbitration Association rules for arbitration include a section titled “Optional Appellate Rules.” One might think this obvious, but it took a Pennsylvania appellate court to point out to one party that, if the arbitration ag… Read More
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Manifest Disregard of Contract Termination Clause: Arbitration Award Vacated

Arbitration awards are difficult to overturn, but the Rhode Island Supreme Court has ruled, in a 3-2 split decision, that an arbitrator manifestly disregarded the parties’ contract in his decision, and has vacated that award. The underlying project… Read More
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Two Instances Where One Party Could Not Compel a Non-Party to Arbitrate

The Maryland Court of Special Appeal has recently issued decisions in two separate matters, reaching similar conclusions on very different sets of facts. The outcomes were (1) a related non-party could not be compelled to arbitrate, nor (2) could a p… Read More
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Undocumented Oral Agreement Came Within Scope of Written Arbitration Clause

A hauling company submitted bids for removal of three different types of construction debris, and the parties agreed on and signed a contract covering two of those categories. Later, by oral agreement the third category initially bid on was added at… Read More
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State Supremacy over the Federal Arbitration Act?

Okay, so the New Hampshire Supreme Court did not actually say its state arbitration law trumped the federal act. But the NH court did say that its state courts would not be obligated to follow certain terms of the Federal Arbitration Act. Interpretin… Read More
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Divided Court Strikes Arbitration Clause based on Unconscionable Remedies

Concluding that a dispute clause left homeowners with no effective remedy, a divided South Carolina Supreme Court has stricken an arbitration clause in a home construction contract. The dissent, citing recent US Supreme Court decisions, argued that t… Read More
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About Stan Martin

Stanley A. Martin's Profile Image
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. Over the course of his career, he has served on boards and committees for organizations including the Associated General Contractors of Massachusetts, the Boston Society of Architects, and the Massachusetts Building Congress.

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